FATEH SINGH Vs. RAM KISHAN AND OTHERS

JUDGEMENT

(1.) Fateh Singh defendant no. 5 has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 21.8.2010, Annexure P/1, passed by learned Civil Judge (Junior Division), Hansi thereby accepting application moved by the plaintiffs and directing the defendants to file fresh amended written statements after deleting additional paras from written statements to amend plaint.

(2.) Respondent nos. 1 to 8/plaintiffs filed suit against official defendants no. 1 to 4 (proforma respondents no. 9 to 12) and defendant no. 5 Fateh Singh petitioner for declaration and injunction etc. By way of amendment of plaint, plaintiffs were allowed to plead that during pendency of the suit, defendant no.5 had forcibly and illegally taken possession of the suit land. Accordingly, the plaintiffs' also sought relief of possession of the suit land.

(3.) Pursuant to filing of amended plaint, defendants filed written statements to the amended plaint. In the written statements, some new pleas were also taken by the defendants which had not been taken by them in their original written statements to the original plaint. Plaintiffs moved application for deleting the said new pleas from the written statements to amend plaint. The said application has been allowed by the trial court vide impugned order Annexure P/1 which has been impugned in the instant revision petition by defendant no. 5.