GANGA RAM Vs. KASHI RAM AND ORS.

JUDGEMENT

(1.) PLAINTIFF /Petitioner has filed the instant revision petition under Article 227 of the Constitution assailing the order dated 5.2.2011 (P1) and order dated 29.7.2010 (P2) whereby his application under Order 6 Rule 17 Code of Civil Procedure for amendment of plaint at the stage of rebuttal evidence has been dismissed.

(2.) IT is apparent that the Plaintiff/Petitioner and Defendant/Respondent -Kashi Ram and Ravi Kumar were co -sharers and a tubewell connection was irrigating their joint land. Subsequently, Kashi Ram installed a new bore/tubewell and prayed for shifting of the electric connection to the newly installed bore/tubewell, leading to filing of a suit by the Plaintiff/Petitioner for permanent injunction. The case of the Plaintiff/Petitioner is that though the electric connection was in the name of Kashi Ram but the same had been for the joint use of the co -sharers as also the Electric motor which was purchased jointly. It is submitted that this fact is evident by the receipt in the shape of an affidavit dated 7.7.2003 issued by the seller, which is now sought to be incorporated in the plaint.

(3.) AFTER hearing the learned Counsel for the Plaintiff/Petitioner, I find no merit in the present revision petition.