HARIDAS (HARIPRASAD) Vs. PRATAPMAL DHADEWA

JUDGEMENT

(1.) The present writ petition has been directed against the order dtd. 2/7/2019 passed by the learned Additional District Judge, Sujangarh, District Churu (hereinafter referred to as the 'trial Court'), whereby the petitioners' application under Order VI Rule 17 of the Code of Civil Procedure dtd. 23/4/2019 has been rejected.

(2.) Briefly narrated the facts of the present case are that in the year 1991 a suit came to be filed by the respondent No.1-Trust against the present petitioners for permanent injunction and declaration. In the suit so filed, the petitioners-defendants filed a written statement and considering the pleadings of the parties, issues were framed way back on 2/5/1997. With a view to complete the facts, it may be pointed out that the written statement was subsequently amended and so also the issues (on 21/8/2007).

(3.) When the suit was at the stage of plaintiffs' evidence on 19/3/2019, PW.2-Sumer Mal during his cross-examination deposed that he is a trustee of the plaintiff-Trust, but no document is available on the record. In light of the aforesaid deposition made by PW.2, the petitioners moved an application under Order VI Rule 17 of the Code and sought insertion of additional plea in his written statement to the effect that since Shri Sumer Mal- trustee has not produced any document in support of his assertion as a trustee, his suit is not maintainable.