JAGDISH SINGH Vs. USHA SHARMA

JUDGEMENT

(1.) BY stating that during pendency of the suit, respondent has encroached upon some portion of the land, in dispute, petitioner moved one application for amendment of his plaint. The same was dismissed. The Court below, while dismissing his application, has opined that the fact, which the petitioner now intended to incorporate in his plaint, was very much within his knowledge. Application of the petitioner, for amendment, was read in Court, in the same, no date has been mentioned, on which, illegal possession was taken by the opposite party. It is apparent from records that in her written statement, respondent has specifically stated that Civil Revision No.3445 of 2005 -2- she was in possession and had raised construction over the property. Under these circumstances, this Court feels that the order passed is perfectly justified and needs no interference. Dismissed.