PATEL GANESHBHAI KHUSHALDAS Vs. PATEL BECHARBHAI MADHAVLAL

JUDGEMENT

(1.) Heard ld. counsel Mr. Unwala for ld. counsel Mr.P.K. Jani for the petitioner and ld. counsel Ms. K.J. Brahmbhatt appearing on caveat for the respondent.

(2.) The order passed by ld. Civil Judge (S.D.) in Special Civil Suit No. 145/1998 while dealing with the application exh.208 preferred by the original defendant under O.6 R.17 of Civil Procedure Code (CPC for short) to amend the pleading by inserting proposed amendment in the written statement as para-32-A, rejecting the said application, is challenged in this petition by invoking jurisdiction of this Court under Articles 226 & 227 of the Constitution of India.

(3.) Undisputedly, the petitioner was consistent on the date on which his written statement was filed that he is one of the co-owners of the property referred to by the plaintiff in the suit while resisting the claim of the plaintiff. However, by seeking amendment, the plaintiff has prayed that he may be permitted to raise a plea that at least he should be declared as an owner as he has acquired the title of the property in question by way of adverse possession. It is contended that the agricultural land in question is in his possession since last more than 50 years and he is enjoying it as an owner continuously and peacefully which is known to everybody.