LAWS(JHAR)-2019-3-37

MEENA SINGH Vs. SAKRI SAMAD

Decided On March 14, 2019
MEENA SINGH Appellant
V/S
Sakri Samad Respondents

JUDGEMENT

(1.) This writ petition is under Art. 226 of the Constitution of India wherein order dated 12.06.2018 passed in Title Suit No.38 of 2015 is under challenge whereby and whereunder petition dated 08.04.2018 filed on behalf of plaintiff under Order VI Rule 17 of the C.P.C. has been rejected.

(2.) The case of the petitioner in brief is that a suit for declaration of title over the landed property in question has been filed apart from a decree for permanent injunction and for recovery of possession.

(3.) The defendants have appeared and filed their written statement on 18.04.2016 and submitted that answering defendants are in possession of the suit land since 1957, neither the vendor of the plaintiff nor the plaintiff were in possession of the suit land at any point of time, the alleged sale deed is not binding upon the answering defendants and the suit is at the stage of framing of the issues and at that stage, a petition was filed on 04.04.2018 under Order VI Rule 17 of C.P.C. for seeking the amendment in the plaint as follows:-