DALJEET SINGH Vs. V RAMESHWAR SINGH

JUDGEMENT

(1.) WHAT is the width of a public lane? This is the basic question which is required to be gone into. In the original pleadings the width was shown as 2Â 1/2 feet. By way of amendment it is sought to be pleaded that this width is 3Â 1/2 feet. This was opposed. Trial Court has refused permission to amend the plaint, It is this order which is subject matter of challenge in this petition.

(2.) FACTS in brief be noticed.

(3.) THE petitioner herein filed a suit in a Civil Court at Jammu, In this suit, a prayer was made for permanent prohibitory injunction restraining the defendants from blocking the common lane measuring 2Â 1/2 feet, by raising stair -case from the lane or raising any sort of construction over the land/street or raising any roof over the land be granted. In the heading of the plaint, the dimension of the common lane was indicated as 2Â 1/2 ft. In the body of the plaint, the dimension of the lane is again mentioned as 2Â 1/2 ft.