MADAL LAL SHARMA Vs. PRITAM SINGH AND OTHERS

JUDGEMENT

(1.) Order dated 4.8.2016 passed by learned Civil Judge (Junior Division)-I, Dharamshala, District Kangra, in an application under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure registered as CMA No. 199 of 2013, is under challenge before this Court in the present petition. It is seen that learned trial Court while taking note of the provisions contained under Order 6 Rule 17 CPC and also the factum of the issue regarding mandatory injunction is already framed in the main suit, has dismissed the application.

(2.) The prayer for amendment in the plaint was sought to be made on the grounds inter alia that the respondents-defendants in violation of the interim order passed by learned trial Court has started raising construction over the suit land comprised in Khewat Khatauni No. 238/341 to 342, Khasra No. 203, 204 and 205, land comprised in Khewat Khatauni No. 110/168, Khasra No. 199 and land comprised in Khewat Khatauni No. 136/210, Khasra No. 202 situated in Mauja Sham Nagar/364/1 Tehsil Dharamshala, District Kangra on and w.e.f. 16.08.2015 and also blocked the existing drain with concrete, sand and cement mixture on 18/20.08.2015. Therefore, in relief clause, sub-para 2(i)(a), which reads as follows, was sought to be added by way of amendment:

(3.) The application was resisted and contested on behalf of the defendants as pointed out at the out set. Learned trial Judge after taking note of the provisions contained under Order 6 Rule 17 CPC has concluded that the trial stands commenced and as no case is made out for allowing amendment in the plaint as well as an issue regarding entitlement of the petitioner-plaintiff to the decree of mandatory injunction is already framed in the main suit, has dismissed the application.