RADHESHYAM MEENA Vs. MUNEER RAZA

JUDGEMENT

(1.) This writ petition has been filed under Article 227 of the Constitution of India against the order dated 4-3-2016 passed by Fifth Civil Judge Class-II, Bhopal in Civil Suit No. 126A/2011 whereby the trial Court has rejected the application under Order 6, Rule 17 of Civil Procedure Code.

(2.) Learned counsel for the petitioner submits that in a most arbitrary and mechanical manner the learned trial Court rejected the application for amendment on the basis of subsequent events. The petitioner came to know that the previous land owners of the suit property had executed a will dated 2-6-1993 in favour of Shri Dinesh, who subsequently by way of registered sale deeds dated 13-3-2003, sold the suit land bearing Khasra No. 334/2 area 4.75 acre, Khasra No. 338 area 0.89 acre total area 5.64 acres, to respondent No. 1 and land bearing Khasra No. 334/1/2 area 5.28 acre, Khasra No. 332/1 area 1.80 acres, Khasra No. 332/1 area 1.81 acres total area 6.86 acres, to respondent No. 2.

(3.) The same land purchased by the respondents No. 1 and 2 which has been sold out by way of registered sale deeds dated 13-3-2003 to 21-3-2011. Aforesaid transaction are not binding on the petitioner, therefore, the petitioner proposed the amendment in his plaint.