CHARANJIT KAUR Vs. HARBAKSHISH SINGH

JUDGEMENT

(1.) Defendants no. 1 and 2 have filed this revision petition under Article 227 of the Constitution of India impugning order dated 10.07.2013 (Annexure P-7) passed by the trial court, thereby dismissing application (Annexure P-5) filed by the petitioners under Order 6 Rule 16 of the Code of Civil Procedure (in short CPC) for striking out the replication along with issue no. 2 based thereon.

(2.) Respondents no. 1 to 3/plaintiffs have filed suit against petitioners and proforma respondent no. 4 as defendants alleging that defendants have encroached upon property of plaintiffs. The defendants alleged in the written statement that they have purchased 28-2/3 sq. yds. area from the plaintiffs and have not encroached upon any area of the plaintiffs. The plaintiffs, in their replication (Annexure P-3), alleged that the defendants have failed to produce the original sale deed dated 27.10.1977, whereas in the certified copy of the said sale deed produced by the defendants on record, there is tampering by altering the area from 23-2/3 sq. yds. to 28-2/3 sq. yds. The defendants are aggrieved by this plea of the plaintiffs in their replication. It was alleged in the application (Annexure P- 5) that plaintiffs could not take this new plea in the replication and no opportunity was either given to the defendants to file rejoinder to the replication.

(3.) Plaintiffs, by filing reply (Annexure P-6), opposed the application and controverted the averments made therein.