JEEVAN DEVI Vs. MOHD. SADDIQ

JUDGEMENT

(1.) BY this petition, the petitioner has assailed the order dt. 06.11.2012 by which the application of the petitioner under Order 6 Rule 11 CPC seeking change in the plaint as regards the measurement of the land in question, has been rejected. Counsel for the petitioner submits that in the suit the petitioner had stated that the respondent No. 1 had encroached upon the land of the petitioner admeasuring 200 Sq.Yds. but it later on came to the knowledge of the petitioner that on actual measurement of the land in question, the area came to be 152.06 Sq.Yds. only and, therefore, in such circumstances, the petitioner moved the said application seeking change in the suit as regards the measurement only of the land in question so that the actual and specific fact may come on record and the learned trial Court may be able to come to a definite conclusion. Counsel further submits that the petitioner, being a lady and aged of 76 years, could not take necessary action in this regard and could not submit application within time.

(2.) COUNSEL for the respondent No. 2 -Nagar Parishad, on the other hand, submits that the application was moved by the petitioner after abnormal delay and, therefore, the learned trial Court has rightly rejected the application.