KULDEEP GARGI Vs. BHAGWAN DAS & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 6.1.2016 passed by the trial court, whereby the application filed by the petitioner under Order 6, Rule 17 C.P.C. seeking amendment in the written statement has been rejected.

(2.) The respondent Bhagwan Das filed a suit for partition and mesne profit against the petitioner and several others.

(3.) The petitioner filed a written statement and inter-alia relied on will dated 24.3.1977 executed by Smt. Puni Devi and in the additional pleas claimed adverse possession. For the plea of adverse possession, a specific averment was made that ever since the death of Smt. Puni Devi on 16.3.1979, there has been litigations between the parties, which clearly indicates that the petitioner is in possession without the consent of the plaintiff and others. Where after, issues were framed and issues pertaining to the will as well as adverse possession were framed by the trial court.