SOHAN LAL Vs. RAMJEEVAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner- plaintiff (hereinafter referred to as 'the plaintiff') against the order dated 26.4.2019 passed by the Trial Court in Civil Suit No. 113/2016, whereby the application filed by the plaintiff under Order 6 Rule 17 CPC has been dismissed.

(2.) Facts of the case are that the plaintiff filed a suit for permanent injunction against the respondent-defendant (hereinafter referred to as 'the defendant'). During the pendency of the suit, the plaintiff filed the application under Order 6 Rule 17 CPC seeking amendment in the plaint. The Trial Court vide its order dated 26.4.2019 dismissed the plaintiff's application under Order 6 Rule 17 CPC. Hence, this writ petition.

(3.) Learned counsel for the plaintiff submits that on 21.5.2017, the defendant with the aid of anti-social elements and police force encroached upon the suit property and constructed the boundary wall around there. In this view of the matter, amendment, as sought, with regard to evicting the defendant from the suit property was necessary for effective adjudication of the controversy involved in the matter.