NAND LAL Vs. JAGDISH CHAND SHARMA

JUDGEMENT

(1.) The present review petition, under Order 47, Rule 1 read with Sec. 114 of the Code of Civil Procedure, has been maintained by the petitioner for review of judgment dated 16.4.2018, passed by this Court in CMPMO No.431 of 2017.

(2.) Briefly, the facts, which are necessary for determination and adjudication of the present review petition are that plaintiffpetitioner (hereinafter referred to as the 'plaintiff') maintained a suit for Permanent Prohibitory Injunction, restraining the defendant-respondent (hereinafter referred to as the 'defendant') from interfering and raising any type of construction in the land comprised in Khata No.182, Khatauni No.202, Khasra No.560, area measuring 9 marlas, situated in Tika Lag, Tappa Mewa, Tehsil Bhoranj, District Solan, Himachal Pradesh (hereinafter referred to as 'suit land') and changing the nature thereof and in case, the defendant succeeds in raising forcible construction over the suit land, then suit for possession by way of demolition of such construction. During the pendency of suit, defendant moved an application, under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the written statement, but the learned Court below dismissed the said application, vide order, dated 23.5.2017. This Court, vide order dated 16.4.2018 allowed the amendment and consequently, amended written statement was ordered to be brought on record before the learned Court below. Being aggrieved by that order, the petitioner has maintained the present review petition.

(3.) In written statement, the defendant submitted that he is owner of the land, which adjoins the suit land and no construction has been raised by him over the suit land and the alleged construction is over his own land prior to filing of the suit.