ASHOK JAIN Vs. RUCHITA AGNIHOTRI

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution impugns the order dated 23.8.2017 to the extent petitioner/plaintiff's application under Order 6, Rule 17 CPC for amendment was disallowed. High Court of Madhya Pradesh

(2.) Criticising this order, Shri Gulatee learned counsel for the petitioner submits that on the strength of subsequent event whereby the other side had taken illegal possession on the suit land, the petitioner preferred an amendment application on 8.8.2017 with the specific averment that it is based on a subsequent event dated 21.5.2017. It is averred that during pendency of the case on 21.5.2017, the defendant No. 1 had unauthorisedly taken possession of plaintiff's suit land which requires amendment because petitioner is seeking relief of restoration of possession.

(3.) The said application was opposed by filing the reply by the defendants. The court below rejected the said application on the strength of the report of the court Commissioner and the stand of the defendants.