DILIP KUMAR SHARMA Vs. HANSA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner being aggrieved with the order dtd. 30/9/2021 passed by the Civil Judge and Judicial Magistrate, Jahajpur, District Bhilwara (hereinafter referred to as 'the trial court'), whereby the application filed by the petitioner under Order 6 Rule 17 C.P.C. has been dismissed.

(2.) The trial court has opined that the petitioner has sought amendment in the plaint on the basis of report of the Moka Commissioner while claiming that the defendant has made encroachment over 1 ft. and 1 inch of land and, therefore, he may be allowed to amend the plaint with a prayer to remove the said encroachment by the defendant.

(3.) The trial court after considering the report of Moka Commissioner has opined that from the said report, there is no mention of any encroachment by the defendant and, therefore, the application cannot be granted.