SOHAN LAL Vs. MOHAN LAL

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India for quashing and setting aside the order dated 10.2.2009 passed by the learned Civil Judge (Senior Division), Hamirpur in Civil Suit No. 107 of 2005 on an application of the petitioner under Order 6 Rule 17, Section 151 and Order 1 Rule 10 C.P.C. for amendment of plaint.

(2.) THE brief facts of the case are that the petitioner had filed a suit for declaration and injunction against the respondents from interfering with his possession. He has also challenged the sale - deed executed by Rattan Chand in favour of Mohan Lal. The suit was contested by respondents. It is the case of the petitioner that during the pendency of the suit when the official witnesses were examined it came to the notice of the petitioner that the land was allotted to Rattan Chand when the same was in possession of petitioner. He was not dispossessed from the land and therefore, allotment in favour of Rattan Chand is null and void and not binding on the petitioner.

(3.) THE application was contested by the respondents and the learned Civil Judge (Senior Division), Hamirpur dismissed the application on 10.2.2009. The petitioner has assailed the impugned order on the grounds that the learned Civil Judge (Senior Division), Hamirpur has not properly applied the principles for amendment of the plaint. The case of the petitioner for impleading the State of Himachal Pradesh as defendant No. 3 has not been considered in the impugned order. The plea of adverse possession was already taken in the plaint and the proposed amendment was in the nature of explanation.