RAHMAN KHAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on admission.

(2.) ORDER dated 10.4.2014 passed in Civil Suit No. 14 A/2014 by First Civil Judge Class I, Tikamgarh is being assailed vide this writ petition under Article 227 of the Constitution of India; whereby, an application under Order 6 R.17, Code of Civil Procedure, 1908 seeking amendment in the plaint has been rejected.

(3.) TRIAL Court vide impugned order rejected the application holding that since there is no pleadings in the plaint that he perfected the title by adverse possession, he cannot be allowed to change the pleading in the light of the fact that the plaintiff has been proceeded against for encroachment and has been penalized. The trial court observed: