SHANKAR Vs. DINA NATH

JUDGEMENT

(1.) This petition is directed against the order dated 25.7.2001 whereby the application for amendment of the written statement filed by the Petitioner -Defendant was rejected.

(2.) Briefly stated the facts of the case are that Dina Nath, Respondent -Plaintiff filed a suit seeking declaration that he alongwith the Defendants both contesting and proforma were the joint owners in possession of the suit land. The case set up was that all the parties/their predecessor -in -interest were tenants under the original owner, Mehant. It was alleged that Sh. Maghu Ram, one of the co -tenants had fraudulently got the land entered in his possession and had also managed to obtain an order under the H.P Tenancy and Land Reforms Act, 1972 conferring proprietary rights on him. The Defendants specifically set up a plea that they had obtained proprietary rights under the H.P Tenancy and Land Reforms Act, and, therefore, the Civil Court had no jurisdiction to entertain the suit. On the basis of this plea, issue No. 2 was framed. The parties went to trial on all issues and the learned Trial Court decided the issue No. 2 in favour of the Defendant and did not give its findings on the other issues.

(3.) The Plaintiff filed an appeal in the Court of learned District Judge, Mandi who vide judgment dated 9.3.2000 held that the Civil Court had jurisdiction to decide the matter. Thereafter, the suit was remanded to the learned Trial Court. Evidence in the case had already been led and the matter was only to be argued.