BAGDIRAM AND ORS Vs. RAMKISHAN AND ORS

JUDGEMENT

(1.) The petitioners before this Court, who are defendants, have filed this present petition being aggrieved by the order dated 27.11.2017 passed by the II-Civil Judge, Class-I, Manasa, Distt.-Neemuch in civil suit No.36A/13.

(2.) The facts of the case reveal that the respondent Nos.1, 2 and 3 have filed a suit for declaration of title in respect of land bearing survey Nos.750, 751, 10112 and 1461 and, thereafter, a written statement was filed. The other defendants have also, later on, filed reply and written statement i.e. respondent Nos.4, 5 and 6. An application was filed for amendment in the written statement explaining the details regarding the possession over different disputed survey numbers and the application has been dismissed in a mechanical manner by the trial court without considering the nature of the amendment application only on the ground that the trial has commenced.

(3.) In spite of service of notice, there is no appearance on behalf of the respondent.