JAMANBHAI NATHABHAI Vs. BOGHABHAI MANJIBHAI VAGADIYA

JUDGEMENT

(1.) Rule. Service is waived. At the request of the learned advocates for the parties, this matter is taken up for final disposal today.

(2.) This petition under Article 227 of the Constitution of India is filed by the petitioner [original plaintiff] challenging the order dated 22.10.2008 passed by the learned 6th Additional Senior Civil Judge & Judicial Magistrate, First Class, Jamnagar, below application Exh.106 in Regular Civil Suit No. 252 of 1997, whereby, application Exh.106 for amendment of the plaint preferred by the plaintiff came to be rejected.

(3.) Regular Civil Suit No.252 of 1997 was filed by the plaintiff in the Court of the learned Civil Judge [S.D.], Jamnagar, against the respondent [original defendant], contending that the land in question was purchased by paying consideration on 8.9.1981 and the respondent [original defendant] was attempting to trespass the suit land. Since the respondent [original defendant] was continuing illegal activities in spite of issuance of notice by the plaintiff, the suit was filed for a declaration that the plot in question of gamtel of village Dhudasiya is to be of the ownership of the plaintiff and that the plaintiff is in possession thereof and the defendant be restrained from illegal trespassing upon the said plot.