RIPUDAMAN SINGH ALIAS PARDUMAN SINGH Vs. SURESH PARSHAD

JUDGEMENT

(1.) PETITIONER grievance is against the impugned order as his application under Order 6 Rule 17 CPC was dismissed.

(2.) THE petitioner had filed a suit for permanent injunction restraining the defendants to raise any construction or to encroach upon the land comprised in the khasra numbers, as fully detailed and described in the title of the suit.

(3.) THE suit was filed on August 8, 1994. The symbolical possession of the land, as above, as delivered to the petitioner on 9.1.1997. The development, if any, had taken place during the pendency of the suit, as according to the plaintiff, the defendants had encroached upon the land belonging to him comprising in khasra No. 70/2/5/1. Though, this fact is denied by the respondents, yet it is well settled that power to allow amendment is wide and can be exercised at any stage of the proceedings. For an event which allegedly took place during the pendency of the lis the party cannot be blamed for not filing the application earlier.