GOKUL RAM Vs. HARI RAM

JUDGEMENT

(1.) The petitioner filed a suit against the respondents for permanent injunction to restrain the respondents from raising construction over public street in front of plaintiff's house on the ground that on public street, no encroachment or construction can be raised by a co-villager.

(2.) In reply, the respondents pleaded that they have got Patta for the disputed site from village Gram Panchayat on 10/08/1987 and, therefore, they could raise the construction.

(3.) Soonafter filing the written statement, the plaintiff filed an application before the Gram Panchayat for obtaining a certified copy of the Patta and after Patta's certified copy was delivered, an application under Order 6, Rule 17, C.P.C. was filed to amend the plaint so as to challenge the validity of the Patta executed by the Gram Panchayat in favour of the defendants on the ground that Gram Panchayat had no authority to execute Patta in respect of public streets, situated in a village. The trial Court dismissed the application for amendment of the plaint on the ground that it was belated.