BRAHMI DEVI Vs. JAGDEV SINGH

JUDGEMENT

(1.) THIS petition, under Article 227 of the Constitution of India is directed against the order dated 24.1.2014 passed by learned Civil Judge (Junior Division), Court No. 1, Una in Civil Suit No. 63/08, whereby he rejected the application of the petitioner for amendment of the plaint. The plaintiff has filed a suit for permanent injunction against the original defendants. Later on, it appears that plaintiff sought amendment of the suit by moving an application under Order 1 Rule 10 and Order 6 Rule 17 read with section 151 CPC for arraying the brother and sister of the defendants, namely Rajesh Kumar and Kanta Devi, as party defendants on the ground that they were now interfering in the suit property.

(2.) THE amendment proposed reads as under: -

(3.) SH . Ajay Sharma, learned counsel for the petitioner contents that order passed by the learned court below is wrong, illegal and reflects hyper -technical approach adopted by the learned trial court. He further contended that court below has acted with illegality and material irregularity while passing the impugned order.