VIJAY AND ORS. Vs. SONERAM AND ORS.

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India is directed against the order dated 1/8/2012 in case No. 17A/2010, whereby the trial court has allowed an application for amendment filed by plaintiff under Order VI Rule 17 CPC.

(2.) FACTS relevant and on record necessary for disposal of this writ petition are to the effect that plaintiff styling himself as owner of the land in question has filed a suit on 24/7/2009 for declaration of title, permanent injunction and further declaration that the sale deed dated 24/5/1963 is null and void. In para 8 of the plaint it is averred that on 19/5/2009 upon perusal of the revenue documents procured from the Tahsil office plaintiff came to know that father of the defendants is ploughing the field and by playing fraud with the father of the plaintiff the sale deed was executed and the suit land has been acquired by him.

(3.) ACCORDINGLY , trial court framed issues and suit was fixed for evidence. At this stage, i.e. after four years of filing the suit, plaintiff filed an application under Order VI Rule 17 CPC seeking amendment in the plaint to change the averments in para 8 of the plaint to the effect that instead of the words "Kabja Le Liya He", the words "defendants are attempting to take possession" be substituted and consequential amendment is sought in the prayer clause to the effect "to restrain defendants from taking possession" and delete the prayer clause 13(c) where relief is sought that "it be declared that the plaintiff is entitled to recover the possession from defendants".