SANJAY KUMAR Vs. NANHAKU PRASAD YADAV

JUDGEMENT

(1.) This writ petition is filed under Article 227 of the Constitution of India wherein order dated 19.07.2018 in Title Suit No. 07 of 2003 is under challenge whereby and whereunder petition filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, has been rejected.

(2.) It is the case of the petitioner that a declaratory Title Suit has been filed being Title Suit No. 07 of 2003 for declaration of right and title over the suit land in question, but during the pendency of the suit, substantial construction have been made over the land which necessitated by the petitioner/plaintiff to seek amendment in the plaint and for that, petition under Order VI Rule 17 has been passed wherein to allow him to insert a new paragraph being Paragraph No. 15A after Paragraph-15 which reads as follows:- 15(a) be added in the plaint as follows:-

(3.) Having heard learned counsel for the petitioner and after going across the pleading made in the writ petition as also the impugned order as evident that the suit for declaration of right has been filed being Title Suit No. 07 of 2003 over the suit property.