ANAND SINGH Vs. GANGA PRASA

JUDGEMENT

(1.) Defendant has preferred present petition under Article 227 of the Constitution of India assailing the order dated 16.01.2015, passed by the Civil Judge (Junior Division), Vikas Nagar, Dehradun, in O.S. No. 52 of 2011, Ganga Prasad Vs. Jeevan Singh and others, whereby amendment sought by the plaintiff was allowed as well as judgment and order dated 24.08.2015, passed by the learned Additional District Judge, Vikas Nagar, Dehradun, whereby Civil Revision No. 24 of 2015, preferred by the defendant/ petitioner, herein, was dismissed upholding the judgment and order dated 16.01.2015, passed by the learned Trial Court.

(2.) Brief facts of the present case, inter alia, are that plaintiff / respondent, herein, has filed Civil Suit, being O.S. No. 52 of 2011, in the Court of Civil Judge, (Junior Division), Vikas Nagar, Dehradun, seeking permanent prohibitory injunction against the defendant / petitioner, herein; suit property was described as land of khasra No. 2534/2, new number 4458 M, measuring 0.0500 hectares, Village Rasoolpur, (Enfield Grant), Pargana, Pachawadoon, District Dehradun, which has been described as plot No. 104 Kha, Ward No.9, Vikas Nagar, Dehradun in the municipality of Vikas Nagar; during the pendency of the suit, plaintiff has moved amendment application under Order 6 Rule 17 C.P.C. saying that plaintiff should be permitted to mention the boundaries of the suit property. Amendment sought was allowed by the Trial Court and revision arising therefrom was dismissed by the Revisional Court; feeling aggrieved, defendant / petitioner, herein, has filed present writ petition.

(3.) Order 7 Rule 3 C.P.C. reads as under :-