JOGINDER PAL Vs. KRISHAN BALA

JUDGEMENT

(1.) Present revision petition has been filed against the order dated 19.7.2006 passed by the learned Additional Civil Judge (Senior Division), Garshankar rejecting the application moved under Order 6 Rule 17 of the Code of Civil Procedure for the amendment of the written statement. The plaintiff-respondent had filed a suit for possession claiming to be the owner of the property in dispute. During the pendency of the suit it is alleged that the petitioners herein have exchanged certain land with Amar Chand co-owner of the property in dispute on 23.6.2004.

(2.) The claim of the applicant-petitioners was that in pursuance to the said exchange it has become necessary to amend the written statement by adding the following para after para No.2 of the written statement:-

(3.) In addition to the above petitioners sought to add the following para in para No.3: "The defendants are in possession as co-sharers. There is no question of encroachment."