HIMMAT SINGH Vs. SURAJ KANWAR AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India, laying challenge to an order dated 14.8.2018, passed by the learned Addl. District Judge, Sujangarh, Churu (hereinafter referred to as 'the appellate court or court below'), whereby his application seeking amendment in the written statement came to be rejected.

(2.) The facts within the precincts of the question involved in this case are that the plaintiff Suraj Kanwar filed a suit for permanent and temporary injunction seeking an injunction to the effect that defendant No.2 Laxman Singh be restrained from interfering and stopping the employees of defendant No.1,when they provide electricity connection to her at the property, which has devolved in her by virtue of a Will dated 20.2.1991, executed by her father Late Shri Hukam Singh. The aforesaid suit was essentially instituted for taking electricity connection but the defendant No.2 Laxman Singh (when he was alive) was arrayed as a defendant apprehending his resistance in installation of electricity connection and keeping in view the litigation between the plaintiff and defendant No.2, said defendant filed a written statement and stated that plaintiff was not the sole child and he was also son of said Hukam Singh. It was also averred that the subject Will was forged and void for which he has already filed a suit being Suit No.117/2007 (old No.271/1992). The defendant No.2 opposed grant of injunction as prayed while maintaining that the plaintiff cannot take electricity connection in the disputed premises described in para No.1 of the plaint. Though defendant No.2 raised all possible objection/defence, however, did not dispute the title of late Hukam Singh.

(3.) The trial court rejected the suit filed by the plaintiff Suraj Kanwar vide its order dated 14.10.2014, inter alia finding it to be prohibited under section 145 of the Electricity Act, 2003 and the plaint filed by the plaintiff came to be returned as per the provisions of Order 7 Rule 11 of Civil Procedure Code, 1908.