THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD NOW JHARKHAND STATE HOUSING BOARD, HAZARIBAG Vs. THE HAZARIBAGH EMPLOYEES HOUSE CONSTRUCTION COOPERATIVE SOCIETY LTD. THROUGH ITS ELECTED HONORARY SECRETARY AND OTHERS

JUDGEMENT

(1.) Aggrieved by order dated 04.01.2012 in Title Suit No. 99 of 1994, the present writ petition has been filed.

(2.) The petitioner is defendant no. 2 in Title Suit No. 99 of 1994 which was filed seeking declaration of title with respect to suit schedule property and for a decree of recovery of possession by directing defendant no. 2 to remove encroachment. In the title suit, the defendants appeared and filed written statement resisting the relief sought by the plaintiff. When the suit was at the stage of final argument, application dated 20.12.2011 was filed by the plaintiff under Order 6, Rule 17 Civil Procedure Code seeking incorporation of the following prayers:

(3.) Application dated 20.12.2011 was opposed by the defendant no. 2 by filing rejoinder dated 22.12.2011 contending that the proposed amendment would change the nature of the suit and at such belated stage proposed amendments cannot be allowed. The Trial Court however, vide order dated 04.01.2012 allowed application dated 20.12.2011. Aggrieved, the defendant no. 2 has approached this Court.