SHUBH KUMAR Vs. ASHOK KUMAR AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order dated 16.1.2010 passed by the learned Civil Judge (Jr. Division), Court No. (1), Amb, District Una, HP whereby he dismissed the application filed by the Petitioner (hereinafter to referred as the Plaintiff) for amendment of the plaint.

(2.) BRIEFLY stated the facts of the case are that the Plaintiff filed a suit in the year 2007 claiming that the suit land measuring 0 -13 -39 hects, comprised in khewat No. 594 khatoni No. 701, khasra No. 2736/281 situated in up Mahal and Mahal Bhaderkali, Tehsil amb, District, Una is owned by the Plaintiff and other co -sharers. It was alleged that the Defendant had no right, title or interest over the suit land, but the land of both parties adjoins to each other. According to the Plaintiff, the Defendants were trying to grab the land of the Plaintiff and therefore prayed that a decree of permanent injunction be passed restraining the Defendants from interfering in any manner over the suit land.

(3.) ISSUES in the suit were framed on 9.8.2007. Evidence of the Plaintiff was closed on 30.10.2008. The Defendants led evidence and it was closed on 30.7.2009. Thereafter the Plaintiff filed an application under Order 6 Rule 17 Code of Civil Procedure on 20.10.2009.