JAG PARVESH Vs. PRAHLAD AND OTHERS

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 12.10.2011 passed by the learned court below whereby the application filed by the petitioner and respondent nos. 2 and 4 for amendment of the written statement was dismissed.

(2.) The suit is at the stage of arguments after the evidence had already been led by both the parties. The prayer in the suit is for permanent injunction restraining the defendants from interfering into the peaceful possession of the plaintiff and other co-sharers over the land compromised in khewat no. 28/28 min and khewat no. 62 min. In the written statement originally filed by the petitioner, it was stated that he has no concern with the land pertaining to khewat no. 28/28 min, whereas he is co-sharer and in possession of the land pertaining to khewat no. 62 min. The entire evidence was led by the parties in support of the pleadings. It is at the stage of arguments when the application in question was filed. The same having been rejected by the learned court below, the petitioner is before this court.

(3.) Learned Counsel for the petitioner submitted that the fact that the petitioner is even a co-sharer in possession of the land pertaining to khewat no. 28/28 min came to his notice when the evidence was led by the parties. This fact is even admitted by the plaintiff in his cross-examination.