INDRAJ SINGH Vs. SATDEV SINGH

JUDGEMENT

(1.) The petitioner/defendant challenges an order dated 10th January, 1997 allowing amendment of the plaint to claim relief of possession in an Injunction Suit No. 245/88.

(2.) Brief facts giving rising to the present petition are as under :

(3.) The plaintiff/respondent filed a suit for injunction on 27th October, 1988 for restraining the father of the defendant/petitioner Shri Mange Ram from raising any construction over the land in dispute. But the deceased defendant forcibly dispossessed the plaintiff on 28th July, 1988. It appears that a contempt application was also filed. But the deceased Mange Ram expired. The plaintiff filed a suit for possession on 4th October, 1995 which was entusted to the Court of Shri Ravi Kumar.That Suit No. 193/95 in S.D. Singh v. Inder Raj& Ors., was dismissed as withdrawn unconditionally without giving any permission to file afresh. In view of these changed circumstances, due to death of Mange Ram, the Contemnor in the earlier suit and withdrawal of the Second Suit No. 193/95 on account of technical objections, an application for amendment was moved claiming the relief of possession in respect of the area constructed by the deceased defendant.