BODH RAJ Vs. PREM CHAND AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the petitioner- defendant No. 1 against the judgment of the learned Additional District Judge (I), Kangra at Dharmasala allowing application under Order 6, Rule 17 of the Civil Procedure Code preferred by the plaintiff and remanding the case for decision afresh.

(2.) Plaintiffs Prem Chand, Jai Chand, Ranjit Singh and Munshi Ram instituted a suit in the Court of Civil Judge (Junior Division) (I), Kangra at Dharamsala praying for a decree of permanent prohibitory and mandatory injunction on the averments as made in the plaint. After settlement of issues and trial, the learned Court dismissed the suit of the plaintiffs.

(3.) Plaintiffs preferred an appeal before the learned Additional District Judge and during the pendency of the appeal, they filed an application under Order 6, Rule 17 of the Civil Procedure Code praying for amendment of the plaint to claim an easementary right of prescription for passage on the suit land. The Court allowed the application and as a consequence, set aside the judgment and decree and remanded the case to the trial Court for decision afresh in accordance with law. Liberty to file amended written statement was granted to the defendants. Defendant No. 1 has challenged the legality of this order.