NAND RAM Vs. MANMOHAN LAL AND OTHERS

JUDGEMENT

(1.) Dismissal of application vide order dated 25.7.2007 [Annexure P/6] for amendment of the written statement has brought the petitionerdefendant, Nand Ram in this Court.

(2.) A suit preferred by respondent-plaintiff Manmohan Lal seeking a decree of declaration to the effect that the respondent-plaintiff is entitled to receive the entire compensation including enhanced one of the acquired land and further that respondent-defendant No. 4 has no right, title, interest or connection with the land and sequelly, is not entitled to recover any compensation and further that decree dated 10.12.1979 passed in Civil Suit No. 551 titled as Om Parkash Jain Vs. Nand Ram is null and void being based on fraud and misrepresentation and thus, does not confer any.. right, title or interest on defendant No.4 with further relief of decree of permanent injunction against defendants No.1 to 3 prohibiting them to release payment of compensation of the land to respondent-defendant no.4, is pending adjudication before the lower Court.

(3.) Petitioner-applicant-defendant had sought amendment in his written statement to incorporate further averments that the written statement already on record had not been authorized by its signatory, i.e. the petitioner-defendant No.5 and in fact, had been preferred by respondent-defendant No.4 and thus, to represent correct facts and circumstances, amendment to the same was necessary. This application had been strongly resisted.