RAMESHWAR GHATALA Vs. KANTI CHAND SHARMA

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This writ petition has been filed by the plaintiff-petitioner under Art. 227 of the Constitution of India assailing the impugned order dated 20.7.2015 passed by Additional District and Sessions Judge No. 20, Jaipur Metropolitan, Headquarter at Chomu in Civil Suit No. 10/2014 titled as Rameshwar Vs. Kanti Chand Sharma and Others, whereby the learned trial Court dismissed the application dated 19.2.2014 filed by the plaintiff/petitioner under Order 6, Rule 17 of the Code of Civil Procedure.

(3.) Skeletal material facts necessary for disposal of this petition are that the petitioner filed a civil suit for specific performance on 19.2.2007 against the defendant-respondents, which is pending before the learned trial Court. The plaintiff-petitioner averred in the plaint that defendant No. 2 has sold the disputed land to the defendant No. 3 on 30.12.2006 and the defendant No. 3 also sold the disputed land to the defendant No. 4 on 8.1.2007. The defendants filed their written statement denying material averments made in the plaint. On the basis of pleadings of the parties, learned trial Court framed issues on 5.10.2010 and fixed the case for plaintiff's evidence. The case of the plaintiff is that while preparing affidavits of the plaintiff and witnesses, it came to his knowledge that the required relief has been left out inadvertently and, therefore, the application for amendment under Order 6, Rule 17 Code of Civil Procedure was filed with a prayer to add Para No. 15 (3) in the prayer clause of the plaint, which reads ad infra : ...[VERNACULAR TEXT OMITTED]...