MUNNA LAL Vs. RAM KUMAR

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India has been filed against the order dated 6/8/2012 passed by Civil Judge, Class-II, Gohad, District Bhind in Civil Suit No.135A/2011, by which the application filed by the petitioners under Order VI Rule 17 Civil Procedure Code for amendment in written statement has been rejected.

(2.) As per the office report, respondents no.1 to 14 have refused to accept the notices, accordingly, the office has treated the said notices as served as per the provisions of Order V Rule 9 and 9 (iii) CPC.

(3.) The necessary facts for disposal of the present petition in short are that respondents no.1 to 14 have filed a civil suit seeking permanent injunction in respect of survey no.2730 admeasuring 0.66 hectare situated in village Chharenta (Karvas), Pargana Gohad, District Bhind. The petitioners filed written statement on 17/4/2012. Thereafter, issues were framed and before the affidavit under Order XVIII Rule 4 Civil Procedure Code could be filed, the petitioners filed an application for amendment in the written statement clarifying the pleadings made in the written statement. The trial court has rejected the said application on the ground that the pleadings sought to be incorporated by the amendment are vague and no document has been filed in support of the said pleadings. It was further observed that the petitioner has not tried to incorporate any fact which was not within their knowledge on the date of filing of the written statement and, accordingly, the application was rejected.