PYARA @ BAGE Vs. SHEIKH ISRAIL

JUDGEMENT

(1.) The present writ petition is filed by original defendants No. 1, 2, 4, 16 and 17 to challenge order dated 14/08/2017 passed by the Court of Judicial Magistrate First Class, Katol, whereby an application (Exh.94) seeking amendment of Written Statement filed by the petitioners herein was rejected.

(2.) The respondents No.1 to 6 herein (original plaintiffs) filed suit for declaration, partition and separate possession, as also permanent injunction against the petitioners herein and other defendants. Specific pleadings were raised in the plaint on behalf of the aforesaid plaintiffs in respect of the property in question and as to its nature in the hands of the rival parties.

(3.) In response to the suit filed by the said respondent, on 18/03/2013, the petitioners herein filed their written statement in which they admitted to the pleadings in paragraph Nos. 2 to 4 of the plaint. Thereafter, in paragraph 14 of the written statement, specific pleadings were made on behalf of the petitioners, which upon bare reading appear to be contrary to the admissions given in paragraph 2 to 4 of the written statement. In these specific pleadings a theory pertaining to existence of a family arrangement was propounded on behalf of the petitioners and it was pleaded that a verbal gift i.e. HIBA was made by Dadamiya in favour of the legal heirs of his brother Idumiya. These pleadings being in a particular context, in view of the claims made by the rival parties, on 06/07/2015, the Court below framed issues and on 13/10/2015 the affidavit in evidence / chief examination of the original plaintiffs was conducted. Thereafter, cross-examination and further cross-examination of the plaintiffs was undertaken on behalf of the petitioners. It is relevant to note here that on 11/08/2016, a new counsel was engaged by the petitioners who conducted cross-examination on 27/09/2016 and further cross- examination on 11/11/2016 of the witness of the plaintiffs.