JAGROOP SINGH Vs. BHAJNA

JUDGEMENT

(1.) DISMISSAL of application under Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of the written statement has given rise to this revision petition.

(2.) BHAJNA , plaintiff filed a suit for possession in respect of land measuring 16 kanals 12 marlas and 10 kanals 15 marlas on the ground that the said land had been aliened to his father in the year 1973. In paras 2 and 3 of the plaint, it was alleged that the defendants took forcible possession of the land in dispute about 5/6 months prior to the filing of the suit and their possession was, therefore, illegal and that the defendants had no interest therein.

(3.) DURING the pendency of the above suit, the petitioners filed two separate suits against Bhajana, plaintiff of this suit, in respect of the same land including the land in dispute in the above suit, for permanent and prohibitory injunction restraining the defendants from interfering in the peaceful possession of the plaintiff. Learned Senior Subordinate Judge, ordered the parties to maintain status quo as to possession by order dated February 1, 1991. 5. On February 5, 1991, the defendant-petitioners in proceedings under Order 39 Rules 1 and 2 C. P. C. made a statement that they will not interfere in the suit land which was in possession of the plaintiff. An order was accordingly passed. This order is subject matter of Civil Revision No. 1518 of 1991. 6. In the above situation and after realising the mistake committed, the petitioners moved an application seeking amendment of the written statement dated September 26, 1989. The prayer was for substitution of paras 2 and 3 in the earlier written statement with following paras: "para No. 2 of the plaint is wrong and is denied. The suit land has neither been allotted to the plaintiff nor the plaintiff is in possession of the same.