MANJUR MIAN Vs. AHDIL MIAN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, is directed against the order dtd. 26/4/2023 passed by the Addl. Munsif-XX, Giridih in Original Suit No.167 of 1999, whereby and whereunder, the amendment petition filed under Order VI Rule 17 of the CPC seeking amendment in the plaint, has been allowed.

(2.) The brief fact of the case as per the pleading made in the petition, which requires to be enumerated, which reads as under:-

(3.) It is the case of the petitioner that petitioner is one of the defendants of the Original Suit No. 167 of 1999 and on receipt of notice had appeared in this case and filed written statement jointly with the other defendants stating therein that the defendants are having right, title, interest and possession over the suit property and plaintiffs have no knowledge of the lands in question and the plaintiffs are claiming the lands by virtue of the forged paper and hence, the defendants prayed for dismissal of the suit and also stating therein that the present suit is barred by law of limitation and adverse possession and the suit is also barred under Sec. 34 and 42 of the Specific Relief Act and State is also necessary party in the present suit.