PEER MOHAMMED IJJATULLAH FAROOKI Vs. SAJJAN KUMAR DHEDHIA

JUDGEMENT

(1.) This civil misc. application has been filed against the order dtd. 5/7/2023 passed by the learned Rajasthan Waqf Tribunal, Jaipur (for brevity, "the learned Tribunal") in Suit No.48/2019 (CIS No.48/2019) whereby, an application filed by the applicant/plaintiff (for brevity, "the plaintiff") under Order 6, Rule 17 read with Sec. 151 CPC has been dismissed.

(2.) The relevant facts in brief are that the plaintiff filed a suit for declaration, mandatory injunction and permanent injunction against the non-applicants/defendants (for brevity, "defendants"). During its pendency, an application dtd. 1/6/2023 was filed by the plaintiff under Order 6, Rule 17 read with Sec. 151 CPC seeking to incorporate the fact that the defendant No.1 has obtained a patta in his favour from the defendant No.2 of the land belonging to the Waqf Board making false statement. The application has been dismissed by the learned Tribunal vide order dtd. 5/7/2023, impugned herein.

(3.) Assailing the order, learned counsel for the plaintiff submits that the learned Tribunal did not appreciate that it had come to know of the facts sought to be incorporated by way of the amendment, during pendency of the suit. He submitted that the defendant No.1 obtained patta of the waqf property in his favour from the defendant No.2 pleading false facts. He, therefore, prays that civil misc. application be allowed, the order dtd. 5/7/2023 be quashed and set aside and the application filed by it under Order 6, Rule 17 read with Sec. 151 CPC be allowed.