KAPTAN SINGH Vs. LADY PARVATI SINGH

JUDGEMENT

(1.) Heard on admission.

(2.) By this petition under Article 227 of the Constitution of India, the petitioner has challenged the legality and validity of the order dated 11.11.2019, passed by First Civil Judge Class II, Sidhi, in C.S. No. 46-A/2018, whereby the application filed under Order 6 Rule 17 of the C.P.C. has been rejected.

(3.) Plaintiff/respondent No. 1 has filed a suit for declaration of title, permanent injunction and has also sought relief under Section 34/38 alternatively under Section 5 of Specific Relief Act, 1963 for declaring the entries in the name of defendant/petitioner in the revenue records regarding the property situated at village Khadi, Tahesil Sihaval, district Sidhi as null and void on the ground that she is in possession of the suit property, however, the petitioner in collusion with the revenue authorities has obtained the forged entries in the records. Defendant/petitioner has filed his written statement and denied the plaint averments. The petitioner thereafter filed an application under Order 6 Rule 17 of the C.P.C. seeking amendment in the written statement, which was objected to by the plaintiff. The trial Court after hearing both the parties and going through the record, rejected the application of the petitioner.