GOVIND SHARAN Vs. BABULAL

JUDGEMENT

(1.) This appeal has been preferred by the plaintiffs against remand order dated 25/6/2009 passed by the Court of Additional District Judge, Karera, District Shivpuri in Civil Appeal No. 66-A/05.

(2.) Briefly stated relevant facts are that the plaintiffs instituted a suit for declaration of title and restoration of possession with the allegations that the disputed property was owned by one Banke Jaan, who sold it to plaintiff No. 1 and his father Lakhmichand vide registered sale deed dated 4/4/1955. After the death of Lakhmichand, his interest devolved upon his heirs including plaintiff No. 1. On 8/9/1982, defendant/respondent No. 1 forcibly tried to occupy the suit land. Proceedings were initiated under section 145 of Cr.P.C. and the suit land after its attachment was granted in Supurdgi to defendant No. 2 hence the suit

(3.) During pendency of Civil Appeal, two applications one under Order 6 Rule 17 CPC and another under Order 41 Rule 27 CPC were submitted. Defendants by way of amendment sought to withdraw the pleading about oral grant of land on Batai in the year 1952 and, instead, sought leave to incorporate that the land was given to respondent No. 1 on Batai vide written document 'dated 7/6/1946. Unregistered stamp deed with ink spread over it on front as well as back side was enclosed with the application under Order 41 Rule 27 CPC as an additional evidence.