BASANT KUMAR BAGARIA Vs. DHARAM CHAND SETHIA

JUDGEMENT

(1.) This is an application filed under Article 227 of the Constitution challenging the order dtd. 17/5/2016 passed in Misc. (J) Case No.18/2015 arising out of Title Suit No.13/2012 whereby the application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 read with Sec. 151 of the said Code was rejected by the learned Court of the Munsiff No.1, Nagaon.

(2.) From the materials on record, it reveals that the plaintiff who is the Petitioner herein has filed the suit for declaration of right, title and interest of the plaintiff over the Schedule-A land; for khas possession of the same and also for permanent injunction. The said suit was registered and numbered as Title Suit No.13/2012. The defendants thereupon filed their written statement on 11/4/2012 wherein it was categorically mentioned that the defendants are claiming right, title and interest over the Schedule-A land on the basis of a Sale Deed No.5050/78 dtd. 19/5/1978 executed by one Dungarmal Bagaria in favour of the Sitaram Sethia. Thereupon, the plaintiff did not take any steps. At the stage when the suit was fixed for submission of the evidence on affidavit of the plaintiff, the application under Order VI Rule 17 read with Sec. 151 of the Code was filed seeking amendment of the plaint thereby to insert paragraph Nos. 4(a) and 4(b) and in addition to that, seeking the reliefs of a decree for cancellation of the said sale deed on the ground that the same is fraudulent, illegal and null and void and a precept be issued in that regard.

(3.) Upon the said application being filed, the defendants had filed their objections stating inter alia that the plaintiff knew very well about the Deed of Sale as the same was duly mentioned in the written statement which was received by the counsel for the plaintiff on 11/4/2012 and after a lapse of more than 3 (three) years, had filed the said application.