MD. AMIR KASIM Vs. SHAHDA KHATOON

JUDGEMENT

(1.) The petitioner, plaintiff in Title Suit No.154 of 2002, is aggrieved of order dated 29.05.2012 passed in Title Appeal No.92 of 2007 by which application for amendment in the plaint has been declined.

(2.) Title Suit No. 154 of 2002 was instituted by the petitioner for a decree for declaration of his right, title and interest over the suit property and for a decree for declaration that the sale deed dated 06.02001 shall not affect his right, title and interest over the suit schedule property. Suit was dismissed by judgment dated 29.06.2007; the petitioner has preferred Title Appeal No.92 of 2007 against the judgment passed in Title Suit No.154 of 200 In the pending appeal the petitioner has filed an application under Order 6, Rule 17 Civil Procedure Code for amendment in the plaint for incorporating the following paragraphs:

(3.) This application has been dismissed by the appellate court on the ground that the proposed amendment is barred under proviso to Order 6, Rule 17 CPC.