BHAGWAN DAS & ORS Vs. RATAN DEVI

JUDGEMENT

(1.) The petitioners/defendants, by way of present petition, have challenged the order dated 5/5/2015 passed by the Civil Judge (Junior Division), Dholpur (hereinafter referred to as 'the Trial Court') in Civil Suit No.27 of 2013, whereby the Trial Court has dismissed the application of the petitioners/defendants, seeking amendment in the written statement.

(2.) The respondent/plaintiff has filed the suit for permanent inunction against the petitioners/defendants before the Trial Court alleging interalia that she was the owner of the disputed part of the property described in the site plan annexed to the plaint and wanted to raise construction over the said disputed land, however the petitioners/defendants were causing interference. The said suit has been resisted by the petitioners/defendants by filing the written statement, and the Trial Court after framing the issues from the pleadings of the parties has commenced the trial of the suit. After the evidence of the respondent/plaintiff was over, the present petitioners /defendants had filed the application, seeking amendment in the written statement under Order VI, Rule 17 of CPC for taking alternative plea claiming easementary right over the disputed land. The said application has been dismissed by the Trial Court vide the impugned order against which the present petition has been filed.

(3.) It is sought to be submitted by the learned counsel Mr. Raj Kamal Gaur for the petitioners that the defendants can take alternative and even inconsistent pleas in the written statement and the proposed amendment in the written statement was required to avoid multiplicity of the proceedings. He also submitted that gross injustice would be caused to the petitioners/defendants, if the amendment sought in the written statement was not allowed.