DEVENDRA LAVANIA Vs. BRIJ RAJ SINGH & ANR

JUDGEMENT

(1.) In response to the public notice issued by this Court inviting litigants to come and argue their case, as the learned members of the Bar are on strike, Mr. Devendra Lavania, the petitioner has appeared before this Court.

(2.) The petitioner has challenged the order dated 10.4.2012 passed by the learned Civil Judge (Jr. Division), Karauli, whereby the learned Magistrate has dismissed the petitioner's application filed under Order 6, Rule 17 CPC for seeking amendment in the plaint.

(3.) The petitioner had filed a suit for permanent injunction against the respondent No.1. In the plaint, he had claimed that street is "a public street". However, after the written statement was submitted by the respondent No.1, and after the petitioner's application for temporary injunction was rejected, the petitioner filed an application under Order 6, Rule 17 CPC for amending the plaint. According to him, it has wrongly been mentioned in Paras 2, 4 and 5 of the plaint that the street is "a pubic street". In fact, according to him, it is "a common street", being used by only certain persons. Therefore, in Paras 2, 4 and 5, he wanted to replace the word with the words . However, by order dated 10.4.2012, the learned Magistrate has rejected the application. Hence, this petition before this court.