BHIKHAJI, S/O SITARAM, CASTE GURJAR OCCUPATION AGRICULTURIST, R/O VILLAGE KISAN MOHALLA, TEHSIL & DISTRICT KHANDWA (M.P.) Vs. BRIJLAL, S/O KADWAJI,

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner is challenging the validity of the impugned order dated 02.03.2012 (annexure P/7) by which the plaintiff's application under Order 6 Rule 17 CPC has been rejected. 4

(2.) A suit for declaration and injunction in respect to certain immovable property, the description whereof has been mentioned in the plaint has been filed by the plaintiff.

(3.) DURING the pendency of the suit and after the examination of the plaintiff's evidence and witnesses, an application to amend the plaint has been filed praying that during the pendency of the suit the plaintiff has been dispossessed and by submitting the amendment application, it has been prayed that plaint be permitted to be amended and by adding the relief clause of possession and further necessary pleadings about the dispossession of plaintiff.