KALI RAM Vs. ADDL DISTRICT JUDGE, HARDWAR

JUDGEMENT

(1.) THIS writ petition has been filed by the plaintiff/petitioner challenging the order passed by the Additional District Judge dated 30th July 2003 by which the restoration has been at The facts, in brief, are that a suit No.35 of 1995 was filed by the plaintiff respondent praying for a decree of partition in respect of the half share as well as possession in respect thereof.

(2.) THE petitioner in his plaint has claimed half share in respect of the property on the ground that on 10th August, 1970 both the plaintiff and defendant purchased the same with their own funds and since than both the parties are continuing in possession in respect of the property A as well as B.

(3.) DURING the pendency of the case the petitioner filed an application under order VI rule 17 CPC praying for the amendment of the plaint on the ground that he wanted to bring on the record the scale map and during the course of the proceedings some changes have been made in the boundaries and, as such, the amendment was required to the following effect :