PUSHPA GEORGE Vs. GOOD SHEPHERD AGRICULTURE SOCIETY

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed by petitioner-defendant No.1 challenging the judgment and order dtd. 12/12/2025 passed by learned Civil Judge (Jr. Div.), Tanakpur, Champawat, in Original Suit No.9 of 2023 The Good Shepherd Agricultural Society Vs. Smt. Pushpa George and Another, whereby, application/paper No.54C2 under Order VI Rule 17 read with Order VIII Rule 6-A CPC moved by petitioner-defendant No.1 was rejected; as well as the judgment and order dtd. 24/12/2025 passed by learned District Judge, Champawat, in Civil Revision No.09 of 2025 Smt. Pushpa George Vs. The Good Shepherd Agricultural Society and Another, whereby, the Civil Revision filed by petitioner-defendant No.1 was dismissed and further prayed to allow the amendment application filed by petitioner-defendant No.1.

(2.) Learned counsel for petitioner-defendant No.1 submits that respondent No.1-plaintiff has filed an Original Suit No.9 of 2023 for mandatory injunction, mense profit. Petitioner-defendant No.1 filed written statement denying the plaint allegations. He thereafter filed an amendment application for counter-claim seeking declaration in regard to disputed property on the basis of adverse possession and restraining the respondent No.1-plaintiff from interfering in the peaceful possession of petitioner.

(3.) He further submits that respondent No.1-plaintiff had filed objection against the amendment application challenging the maintainability; suit has already proceeded and affidavit of In-chief of plaintiff has been filed; petitioner-defendant No.1 filed written statement on 19/5/2023 and issues were framed on 19/10/2024. Learned Trial Court vide impugned judgment and order dtd. 12/12/2025 rejected the amendment application filed by petitioner-defendant No.1 for incorporating counter-claim in written statement. Feeling aggrieved, petitioner-defendant No.1 filed Civil Revision No.09 of 2025 Smt. Pushpa George Vs. The Good Shepherd Agricultural Society and Another, which too was dismissed.