P C HAWALADAAR Vs. JOGEN DAS

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India, has been filed by the plaintiff/petitioner assailing the order dated 7-7-2006 passed by learned trial Court dismissing his application under Order VI Rule 17, CPC.

(2.) A suit for declaration of ownership and injunction has been filed by plaintiff/petitioner against the defendants on the ground that defendant No. 1 entered into the contract with the plaintiff to sell the property in dispute. In the written statement, the defendants pleaded in para -1 that they are not the owner of the suit property because the Patta has not been granted by the State government to them, however, in para -3 of the written statement, this much has been admitted by the defendant that in the year 1974 the suit property was allotted to defendant No. 1.

(3.) IN between the State Government granted Patta in favour of defendant No. 1- Jogen Das. Hence, an application to amend the plaint has been filed by the plaintiff which has been rejected by the impugned order by learned trial Court on the ground that the same has been filed after 16 years.