MADAN SINGH Vs. MUNDI RAM

JUDGEMENT

(1.) Present petition has been filed assailing order, dated 18th April, 2017, passed by the Civil Judge (Senior Division) , Court No. 1, Paonta Sahib, District Sirmaur, (hereinafter referred to as 'the trial Court') in Case No. 123 of 2015, titled Madan Singh versus Mundi Ram, whereby the application filed by petitionerplaintiff (hereinafter referred to as 'plaintiff') for amendment of the plaint for inserting para1a and adding alternative prayer clause has been dismissed.

(2.) Plaintiff filed a suit for permanent prohibitory injunction for restraining the respondentdefendant (hereinafter referred to as 'defendant') from interfering in the peaceful possession of plaintiff and from taking forcible possession of the suit land without paying the amount of Rs. 23, 000/ on the ground that the suit land is in possession of plaintiff after the mortgage deed executed on 20th December, 2006, by the defendant in favour of the plaintiff for Rs. 23, 000/-.

(3.) Defendant filed written statement refuting the case of the plaintiff on various grounds, including that of disputing the execution of mortgage deed and also the possession of the plaintiff over the suit land.