UCHAB KANWAR Vs. CIVIL JUDGE NO. 3

JUDGEMENT

(1.) The present writ petition has been preferred laying challenge to order dated 16.8.2018 passed by the Judge, Garm Nayaylaya, Bikaner (hereinafter referred to as the 'trial court') whereby he has rejected the application under Order 6 Rule 17 of the Code of Civil Procedure filed by the petitioner.

(2.) Succinctly stated the facts leading the petitioner to approach this Court are that the plaintiff-petitioner herein had filed a suit for permanent and mandatory injunction against the defendant, inter alia, indicating that she being the owner is having possession of the disputed "Makan" and "Bada" . Asserting her status as stated above, she prayed for an injunction qua Municipality, Deshnok and private defendants that they be restrained from interfering in her possession over the suit property.

(3.) In the suit aforesaid, which was filed on 24.11.2011, the defendants filed their written statement way back on 3.1.2012 and refuted the assertion of ownership and possession made by the plaintiff. The defendants asserted that neither the plaintiff nor her alleged predecessor even had title of the suit premises and on the contrary, they maintained that the disputed land belongs to municipality. The defendants alleged that the plaintiff has encroached upon the municipal land and raised construction illegally. Based on the pleadings of the rival parties, on 16.09.2014 the trial court framed the issues and, thereafter, proceeded to amend the same on 4.6.2016. Since then the plaintiff was granted at least 15 opportunities to lead evidence. Having failed in her attempts to protract the proceedings any further, on 06.07.2018, the petitioner filed an application for amending the plaint captioned as an application under Order 6 Rule 17 of the Code of Civil Procedure.