BIHARI LAL Vs. AMAR SINGH (DECEASED)

JUDGEMENT

(1.) The instant Civil Revision Petition, under Sec. 115 of the Code of Civil Procedure, has been maintained by the petitioner-defendant No. 1 against the impugned order dtd. 6/2/2019, passed by the learned Trial Court, in RBT No. 755/14/10, whereby an application, under Order 6 Rule 17 CPC, for amendment of the written statement has been dismissed and with a prayer to set aside the impugned order.

(2.) The key facts giving rise to the present petition are that plaintiffs/respondents No. 1 and 2 herein maintained a suit for possession against the petitioner-defendant No. 1. When the matter was listed for final arguments, it noticed that there are clerical and typographical mistakes in para-5 of the written statement claiming adverse possession, even otherwise also, defendant No. 1 never intended to claim adverse possession, as even in para-1 of the written statement, defendant No. 1 clearly stated that Shri Bansi Lal son of Shri Mohan, was in possession of the suit land and he became owner by way of adverse possession. Defendant No. 1 cannot claim adverse possession and words, as have come in para-5, with respect to claiming adverse possession by him, sought to be amended. Similarly, in para-5, in fourth line of the written statement, words "the defendants" were sought to be replaced with words "Shri Khushia".

(3.) Feeling aggrieved, the impugned order, dtd. 6/2/2019, passed by the learned Trial Court, the petitioner maintained the present revision petition.