INAM KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India for quashing the order dated 02.03.2017 passed in Title Suit No. 95 of 2015 whereby and whereunder, the application filed by respondent no.2-plaintiff in the suit under Order VI Rule 17 of the CPC dated 28.07.2016 has been allowed. Petitioners-defendants aggrieved with the same have filed the instant writ petition invoking the revisional jurisdiction of this Court conferred under Article 227 of the Constitution of India.

(2.) The brief facts of this case is that the respondent no.2-plaintiff filed a suit for recovery of possession and during pendency of the suit, certain developments having taken place, amendment was sought for adding subparagraph in paragraph no.18 of the plaint to the effect that the Appellate Authority D.C.L.R., Jamshedpur by order dated 8.3.2016 allowed the said Appeal No.07 of 2014-15 and cancelled the mutation, order of the defendant No.1 and also directed the Circle Officer, Jamshedpur to deleted the name of the defendant no. 1 from the register and submitted his report through his letter No. 891 dated 22.03.2016 to the Appellate Authority D.C.L.R., Jamshedpur.

(3.) Apart from that, certain other things have also been sought for to be added in the plaint, as would be evident from the copy of the application filed by the plaintiff under Order VI Rule 17, which is at Annexure-2 to the writ petition. The trial court after taking into consideration the nature of amendment and also considering the stage of the trial, since the issue has not been framed, has allowed the application, against which this writ petition has been filed.