KESAR DEVI Vs. CHANDRA KANTA

JUDGEMENT

(1.) THIS civil revision petition arises out of order dated 27. 9. 1999 of the Civil Judge (Junior Division) Alwar in Civil Suit No. 474/83, whereby petitioner's application under Order 6 Rule 17 CPC seeking amendment in the written statement was dismissed.

(2.) THE plaintiff (respondent) instituted a civil suit for declaration, possession and permanent injunction against defendant No. 1 Ramdayal (who has since died, was substituted by present petitioners during pendency of suit) and defendant No. 2 Gulkandi, in respect of agricultural land and immovable property situated in village Kalsara.

(3.) I have heard the learned counsel for the petitioners and perused the impugned order only with reference to amendment application and the contentions made on behalf of the petitioners in this petition. It is not in dispute that the plaintiff in her application dated 14. 11. 83 had submitted that she had been her possession over the disputed property, hence, the amendment be allowed in her plaint and the same was allowed by the trial court by its order dated 8. 4. 85.