SHEO RAM Vs. MADHU RAM

JUDGEMENT

(1.) THIS is defendant's revision petition challenging the order dated 3.4.2008 passed by the Additional Civil Judge, Sr. Division, Narnaul whereby amended written statement filed by the petitioner in pursuance of the amended plaint filed by the plaintiff has been rejected on the ground that the defendant- petitioner cannot take the new pleas in the written statement.

(2.) THE plaintiff-respondents, on 24.9.2001, filed suit for declaration that they along with defendants No. 12 to 17 are in possession of 1/3rd share as Gair Marusi against defendants No. 2 to 11 of land measuring 3 bighas 15 biswas situated at Narnaul, as per jamabandi for the year 1989-90 and also claimed permanent injunction restraining the defendants from interfering in their possession and also for correction of jamabandis for the years 1984-85 and 1989-90.

(3.) THE plaintiffs filed an application for amendment of the plaint which was allowed vide order dated 20.7.2006. After allowing the amendment, the Civil Court granted opportunity to the defendants to file written statement to the amended plaint vide order dated 20.7.2006 which is reproduced as under :