SHATRUGHAN PRASAD SINGH Vs. JANG BAHADUR SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONERS are Defendant Second Party in Title Suit No. 52 of 1997. which was filed by Opposite Party First set for declaration of title over the suit lands and also for declaration that the defendants had no concern with the suit lands as also for permanent injunction etc.

(3.) LEARNED counsel for the petitioners submits that Petitioner No. 1. is the father of Petitioner No. 2 and was looking after the case on their behalf and had stated all the facts whereafter the written statement was prepared and filed but being an illiterate old man he could not see the contents thereof. But when the written statement was read over and explained to him at the time when he was going to produce his witnesses he found that certain facts could not be mentioned in the written statement and hence he filed the said amendment petition by which six new paragraphs are sought to be added. Learned counsel for the petitioners further submits that this aspect of the matter was not considered by the learned court below and hence the impugned order is illegal, arbitrary and perverse.