FAIYAZ KHAN Vs. DAUDAYAL

JUDGEMENT

(1.) THE present petition is directed against the order dated 20.10.11. passed by the Addl. District & Sessions Judge, Dholpur (hereinafter referred to as 'the trial court') in Civil Suit No. 3/05, whereby the trial court has rejected the application of the petitioner-plaintiff seeking amendment in the plaint under Order VI Rule 17 of CPC.

(2.) THE petitioner-plaintiff has filed a suit before the trial court seeking specific performance of the agreement dated 23.6.76 allegedly executed by the father of the respondent Nos. 1 to 6, late Shri Shivcharan Lal in favour of the father of the petitioner late Shri Noor Ahmed. The said suit was resisted by the respondents-defendants by filing the written statement challenging the execution of the said agreement. The respondent No. 7 to 11 have also claimed to have purchased the land in question from the respondent Nos. 1 to 6. On the basis of the pleadings of the parties, the trial court had also framed the issues. The petitioner-plaintiff thereafter submitted an application seeking amendment in the plaint for incorporating the plea of adverse possession in respect of the suit property under Order VI Rule 17 of CPC, which has been rejected by the trial court vide the impugned order.

(3.) HOWEVER, the learned senior counsel Mr. J.P. Goyal, for the respondent No. 7 appearing on caveat has supported the impugned order passed by the trial court and further submitted that the proposed amendment would change the nature of the suit and prejudice the defence of the defendants and cannot be permitted to be raised at the stage when the court has already framed the issues.