KIRAN LOHANI Vs. DHARMENDRA KUMAR

JUDGEMENT

(1.) Supplementary-Affidavit dated 10.10.2018 is taken on record.

(2.) The petitioner, who is plaintiff in Title Suit No.24 of 2010 is aggrieved of order dated 008.2014 by which amendment in the plaint has been declined by the trial Judge.

(3.) Title Suit No.24 of 2010 has been instituted by the petitioner for a decree for declaration of her title and confirmation of her possession over schedule-1 property. The plaintiff has laid a claim over the land comprised under Khata No.372, Plot No.5607, area about 0.07' acres on the basis of a transfer to her vendors by the legal heirs of the recorded tenants namely, Sheikh Badho, Sheikh Bedo, Seikh Turab, Seikh Dahu, Seikh Baibal and Seikh Chuto. The defendants have contested the suit by filing a written-statement raising various objections to the maintainability of the suit; one of the objections is that the suit is barred under the Specific Relief Act and that it is liable to be dismissed on the ground of joinder/ non-joinder of the parties. In the pending suit an application under Order-VI Rule 17 CPC was filed for amendment in paragraph no.2 of the plaint. The plaintiff now claims that in paragraph no.2 of the plaint the expression "sold and transferred" has been wrongly typed and, in fact, the correct expression is Patta Raiyati Doami. The application for amendment was resisted by the defendants, primarily on the ground of delay.