SATISH CHANDRA SHARMA Vs. SHEELA SHARMA

JUDGEMENT

(1.) With consent of learned counsel for the parties, matter heard finally. Petition under Article 227 of the Constitution of India is directed against order dated 05-07-2011 passed by Fourth Civil Judge, Class-I, Jabalpur, in Civil Suit No. 68-A/ 2009; whereby, an application under Order 6 Rule 17 and under Order 1 Rule 10 of the Code of Civil Procedure, 1908, (hereinafter referred to as 'the CPC') has been rejected.

(2.) Suit by the petitioner, through his wife, against respondent, wife of petitioner's son, is for mandatory injunction and for possession of House No. 1848/1849, situated at New Shobhapur Colony, Gokalpur Ward, Jabalpur.

(3.) Criticizing the order it is urged by the learned counsel for the petitioner that the trial Court fell into patent error in rejecting the applications. It is urged that being the wife, the proposed plaintiff is very much interested in the property in question and that the proposed amendment did not change the nature of suit. Learned counsel for the respondent on his turn supports the order and seeks dismissal of petition. Order 1 Rule 1 of the Code of Civil Procedure, 1908, stipulates that :-