RAM KISHORE GUPTA Vs. NEMI CHAND DOLIYA

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner challenging the impugned orders dtd. 14/12/2017 passed by the Court of Civil Judge cum Judicial Magistrate, Chomu District Jaipur, whereby the applications filed by the plaintiff-petitioner under Order 6 Rule 17 of C.P.C. seeking an amendment in the plaint as also in application for T.I. to amend the pleadings and to correct the size of suit property, had been dismissed.

(2.) Facts of the present case, in nut-shell, are that the plaintiff-petitioner had instituted a civil suit for permanent and mandatory injunction, alongwith application for temporary injunction. The plaintiff-petitioner filed applications under Order 6 Rule 17 read with Sec. 151 of C.P.C. in civil suit to amend the plaint as also in T.I. Application to correct size of the plot, which came to be rejected vide impugned orders dtd. 14/12/2017. Hence, this writ petition before this Court.

(3.) Learned counsel appearing for the plaintiff-petitioner has submitted that the learned trial Court has committed illegality in dismissing both the applications filed by the plaintiff-petitioner. Counsel has further submitted that the plaintiff-petitioner had filed an application under Order 6 Rule 17 of C.P.C. on the basis of copy of the sale-deed dtd. 12/3/1970, which was not made available to him at the time of filing of the plaint i.e. on 13/4/2015. However, the same was received by him on 25/5/2015. So, thereafter, in the rejoinder filed on 28/5/2015, a reference of the sale-deed has also been given. Counsel has also submitted that the plaintiff-petitioner has filed the present suit, asserting his title by making an averment that the suit property was purchased by his father, namely Late Shri Gyarsi Lal. The date of sale-deed, through which father purchased the suit property, was not given in the plaint. However, as soon as the plaintiff-petitioner got the copy of the sale-deed dtd. 12/3/1970, prior to filing of the rejoinder, the plaintiff-petitioner had mentioned about his father's sale-deed dtd. 12/3/1970 in the rejoinder dtd. 28/5/2015, which was taken on record vide order dtd. 3/2/2016.