SHYAM SUNDER SAW Vs. MANOJ YADAV

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India wherein order dated 30th May, 2017 passed in title suit No.53 of 2014 by Senior Division, Civil Judge, Giridih is under challenge whereby and whereunder the application filed under Order VI Rule 17 seeking therein prayer to allow the plaintiff to make amendment in the plaint to the fact as stipulated under schedule to the petition under Order VI Rule 17 (Annexure-3) which having been rejected, this writ petition has been filed invoking the revisional jurisdiction of this Court conferred under Article 227 of the Constitution of India.

(2.) The brief facts of the case of the petitioner is that a suit has been filed for declaration of right and title over the suit property as would be evident from the copy of the plaint annexed as Annexure-1.

(3.) It is evident that the defendants have appeared and filed written statements as would be evident from Annexure-2 annexed to the writ petition. At that stage, a petition under Order VI Rule 17 has been filed for incorporating at paragraph 14 of the plaint to the effect that "during the pendency of the suit the defendant on the strength lathials and messeles man encroached suit land and constructed house over the portion of the suit land illegally which is liable to be removed by the process of the court."