SITA DEVI Vs. MUNI LAL

JUDGEMENT

(1.) THIS petition is instituted against order dated 4.7.2013 passed by Civil Judge (Junior Division) Karsog in CMA No. 75 -VI/2013 in Civil Suit No. 87/2010.

(2.) PERTINENT facts necessary for the adjudication of this petition are that the petitioner -plaintiff (herein after referred to as "plaintiff" for convenience sake) has filed a suit for declaration and for joint possession against the respondents -defendants (herein after referred to as "defendants" for convenience sake) in the year 2010. Defendants have filed written statement to the plaint. Defendants have also filed counter -claim, to which written statement has been filed by the plaintiff. The Trial Court has framed issues.

(3.) ACCORDING to the defendants, they did not have knowledge of sale deed dated 17.11.1992. Plaintiffs have specifically averred in the reply that the defendants had full knowledge about sale deed dated 17.11.1992 and suit land was involved in the civil suit No. 40/1992 (old)/No. 26 -2 -1992 (new), decided on 31.12.2002. According to the defendants they acquired knowledge of the sale deed only during hearing of the appeal in the Court. This can not be believed. Defendants throughout new about execution of sale deed dated 17.11.1992. Suit has been instituted in the year 2010 and application under order 6 Rule 17 of Civil Procedure Code has been filed belatedly. Defendants have failed to show that despite due diligence they could not move application for amendment of written statement.