MOHD YUNUS Vs. MOHAMMAD YUSUF

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 20.9.2019 passed by the trial court, whereby, the application filed by the petitioner under Order I Rule 10(4) CPC has been rejected.

(2.) In a suit filed by the plaintiff seeking mandatory injunction and cancellation of patta alongwith permanent injunction, an application was filed by the petitioner seeking impleadment of respondent No.7 (in the present writ petition) as party defendant, which application was allowed on 8.11.2011.

(3.) Whereafter, the written statements were filed and issues were framed by the trial court. After passage of over 8 years, the present application was filed by the plaintiff seeking amendment in the plaint by claiming that after impleadment of the new party as defendant No.7, the plaint was not permitted to be amended and instead, only amended cause title was got permitted to be filed, which was not justified and petitioner may be permitted to amend the plaint under Order I Rule 10(4) CPC.