JUBEDA Vs. NARENDRA

JUDGEMENT

(1.) THE petitioner/plaintiff has filed the present petition under Article 227 of the Constitution of India against the order dated 03.07.2012 passed by Civil Judge, Class-I, Kukshi, District Dhar by which application under Order VI Rule 17 of CPC has been rejected.

(2.) The petitioner/plaintiff filed the suit for declaration and permanent injunction on the basis of unregistered agreement to sell. After notice the defendant filed the written-statement denying the allegations made in the plaint. Thereafter the defendant filed an application objecting that the agreement to sell is neither registered nor properly stamped, therefore, the same cannot be exhibited in the evidence. The learned Trial Court vide order dated 25.11.2011 gave an liability to the plaintiff to get it impounded through the Registrar (Stamps) otherwise it would not be read in the evidence.

(3.) After the aforesaid order, instead of getting the document impounded, the plaintiff filed an application under Order VI Rule 17 of CPC seeking amendment in the plaint to the effect that he is in possession since last 12 years on the basis of unstamped invalid document, therefore he has perfected the title by way of adverse possession. He has also claimed alternate relief that he be declared as owner by way of adverse possession. The said application was opposed by the defendant that by way of reply that nature of the suit would be changed if amendment is allowed. Vide order dated 03.07.2012, the learned Trial Court has rejected the application. Hence, the present petition before this Court.