JULEKHA KHATOON Vs. S. MOTIN AHMAD

JUDGEMENT

(1.) The present writ petition has been preferred under Article 227 of the Constitution of India against the order passed by the Sub Judge I, Daltonganj, District-Palamau, dated 1st October, 2007, in Title Suit No. 75 of 2004, below an application preferred by the original defendants under Order VI Rule 17 of the Civil Procedure Code, whereby, written statement was allowed to be amended and against this order which is at Annexure-1 to the memo of the present petition, the original plaintiff has preferred this writ petition.

(2.) Learned Counsel for the petitioner (original plaintiff) in Title Suit No. 75 of 2004, submitted that amendment application has been preferred, at a much belated stage and it changes the whole nature of the written statement, in as much as, a document of the Year, 1920, has been relied upon which is a fabricated document, as per the original plaintiffs. This aspect of the matter has not been properly appreciated by the Sub Judge I, Palamau, Daltonganj and, therefore, the impugned order deserves to be quashed and set aside.

(3.) Having heard learned Counsel for the petitioner and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition mainly for the following facts and reasons: