RAM GOVIND BHAGAT Vs. NASIM AKHTAR

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India, whereby and whereunder the order dated 18.11.2017 passed in Title Suit No.198 of 2013 by Civil Judge (Sr. Division) V, Dhanbad has been assailed whereby and whereunder petition dated 05.12.2016 filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure has been allowed.

(2.) It is the case of the petitioner/defendant that a suit has been filed by the respondent/plaintiff for declaration of his right, title and confirmation of possession over the suit land along with decree for permanent injunction restraining the defendant/petitioner from disturbing the peaceful possession of the plaintiff over the suit land as per Schedule-A to the plaint i.e. the land situated in Mouza Tilakraidih, Mouza no.169, Khata no.08, Plot no.267 out of total area 38 decimals, 30 decimals purchased by the plaintiff vide registered sale deed no.9065 dated 21.12.2012 from rightful owner which is butted and bounded as under:

(3.) Mr. Praveen Akhouri, learned counsel for the petitioner has raised the issue in assailing the order dated 18.11.2017 by submitting that prior to the petition dated 05.12.2016 two earlier petitions have been filed one was dismissed while the second was dismissed as not pressed and as such the third petition ought not to have been entertained by the trial Court, further by allowing the aforesaid amendment petition, the cause of action of the suit will entirely be changed and hence the trial court ought to have considered this aspect of the matter but not considered and as such the impugned order is not sustainable in the eye of law.