IJHAR S/O LATE IRSHAD Vs. ABDUL HASAN

JUDGEMENT

(1.) A very peculiar situation has emerged for consideration during the course of arguments in this Civil Revision, wherein, the defendant/revisionist, has put a challenge to the impugned order dtd. 20/1/2022, whereby, the Court of Civil Judge (Senior Division), Haridwar, while considering the Application Paper No. 98Ka/1, filed by the defendant/revisionist under Order 6 Rule 17 of the C.P.C. in Original Suit No. 291 of 2015, Abdul Hasan and others Vs. Akhtar and another, had rejected the application.

(2.) If the application itself is taken into consideration, which was preferred by invoking the provisions contained under Order 6 Rule 17 of the CPC, the factual amendment, which was attempted to be incorporated by the said application was qua the effect of registered sale deed dating back to 19/4/1945, with regard to the part sale of the property by the sale deed dtd. 28/5/1956 and the effect of the hibenama of 1964, which has been take as to be a source of documents to contend, that the defendant is in possession over the disputed property, and based on these aforesaid documents, which were the documents of title proclaimed by the defendant, the Suit was being contested.

(3.) If the amendment application is taken into consideration, particularly, the part, which is extracted hereunder, the only reason for filing belated application of 26/8/2021, was 'the knowledge', of the aforesaid facts and documents had been recently imparted to the defendant.