TARA CHAND Vs. RAMA NAND

JUDGEMENT

(1.) The petitioners were the defendants before the learned Trial Court. At the stage of arguments in the civil suit filed by the respondent, they moved an application under Order 6 Rule 17 read with Sec. 151 of Code of Civil Procedure (CPC in short), seeking amendment in the written statement to the effect that they be allowed to take the plea of adverse possession over the suit land. This application was dismissed by learned Trial Court on 22/12/2022. Hence, this petition.

(2.) The civil suit was instituted in the year 2014 by the respondent, seeking possession of the suit land. The written statement was also filed by the defendants in the year 2014. The defence was that the defendants had become owner in possession of the suit land by way of an oral sale executed in their favour by one Smt. Gianoo. Issues were framed. Issue No.7 was "Whether the defendant has become owner in possession of the suit land, as alleged?" The parties led their evidence on the issues. The evidence was concluded by both the parties. The matter was fixed for arguments. At that stage, the defendants moved the application for amendment of the written statement. The plea intended to be taken by way of amending the written statement was that the defendants have become owners in possession of the suit land by way of adverse possession. According to the defendants, plea of adverse possession was necessary to be taken for adjudication of the real controversy between the parties. This application moved by the defendants in August 2022 was opposed by the plaintiff. The plaintiff in his reply pleaded that the defendants had failed to lead any evidence in support of their pleaded defence. There was no question of pleading further ingredients by seeking amendment of the written statement when the suit was at its fag end.

(3.) Learned Trial Court considered the application and vide order dtd. 22/12/2022, dismissed the same.