HARISH KUMAR RATHORE Vs. GOVING KUNWARBAI

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, has been filed against the order dtd. 27/6/2022 passed by the Sixth Civil Judge, Junior Division, Sehore, District Sehore in RCS No.129-A/2016, by which the application filed by the petitioner under Order 6 Rule 17 of CPC for amendment in the counter claim has been rejected on the ground that the petitioner has failed to file any document to show that he has been dispossessed during the pendency of the suit.

(2.) The facts necessary for disposal of the present petition, in short, are that the respondent nos.1 to 4 have filed a suit for declaration and permanent injunction. Respondent no.5 is the defendant no.2 in the civil suit; whereas petitioner is the defendant no.1 in the civil suit. The petitioner filed his written statement along with a counter claim claiming declaration of title and permanent injunction in respect of the land in dispute. The petitioner thereafter filed an application under Order 6 Rule 17 of CPC on the ground that on 11/6/2022 the plaintiff no.1/respondent no.1 and the defendant no.2/respondent no.5 have illegally taken possession of the land in dispute. The petitioner came to know about this fact on the next date i.e. on 12/6/2022 and accordingly an application for amendment was filed on 16/6/2022 claiming a decree for possession of the land in dispute as well as the mesne profits. The said application was opposed by the respondents.

(3.) .The trial court by the impugned order dtd. 27/6/2022 has rejected the application only on the ground that the petitioner/defendant no.1 has not filed any document to show that the respondent no.1 to 4/plaintiffs have forcefully taken possession of the land in dispute.