LAWS(HPH)-2022-11-117

RAM RAKHA Vs. HARBHAJAN RAI

Decided On November 04, 2022
RAM RAKHA Appellant
V/S
Harbhajan Rai Respondents

JUDGEMENT

(1.) By way of instant petition, petitioner has taken exception to the order dtd. 7/3/2019 passed by learned Senior Civil Judge, Court No.1 Amb, District Una, H.P. in case No. 298-I-2010, titled as Ram Rakha vs. Harbhajan Rai and another whereby the application of petitioner under Order 6 Rule 17 of the Code of Civil Procedure (for short,'CPC') for amendment of plaint has been dismissed.

(2.) Petitioner is the plaintiff before the learned trial Court and has filed a suit for permanent prohibitory and mandatory injunction seeking the following reliefs:

(3.) The case of the plaintiff is that he is co-owner with others in respect of the land described in Clauses (a) and (b) of relief, whereas, the plaintiff is co-owner with other co-sharers including defendant No.1 in land described in Clause (c) of the relief. As per the plaintiff, the settlement authorities had made changes in revenue entries, which had been sought to be corrected by the plaintiff by moving appropriate application, which was pending before the competent revenue authority. He alleged that despite pendency of the revenue proceedings, defendants were trying to interfere in the suit land by disturbing the possession of the plaintiff and were threatening to raise construction thereon.