KIRAN TIGGA Vs. GEL CHURCH

JUDGEMENT

(1.) This writ application is directed against the order dated 21.11.2009 passed by the then Additional Munsif-III, Ranchi in Title Suit No.28 of 1995 whereby amendment sought for by the plaintiff was allowed.

(2.) Having heard and on perusal of the record, it does appear that the plaintiff has brought a suit for declaration of its right, title and interest over an area measuring 8 decimals of land having 3 rooms and other structures. At the same time recovery of its possession has also been sought for.

(3.) Defendant-petitioner on putting appearance did file written statement and after the issues were framed, the plaintiff adduced its witnesses. On closure of the case of the plaintiff, case was fixed for adducing evidence on behalf of the defendant. Accordingly, evidence of one of the witnesses was given on affidavit. At that point of time, an application under Order VI Rule 17 was filed on behalf of the plaintiff praying therein to allow it to incorporate facts in the plaint about the construction of some structure over the land in suit property during the pendency of the suit. At the same time, name of the village and also the police station as well as boundary of the suit property were also sought to be corrected. The defendant by filing rejoinder raised objection keeping in view the proviso to Order VI Rule 17 by stating that amendment cannot be made as the plaintiff has closed its case. That apart, assertionmade on behalf of the plaintiff regarding construction over the suit land was also denied.