VIJAYA FLORENCE TIRU Vs. RAJENDRA TIRU

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India, wherein the order dated 10.10.2018, passed in Original Title Suit No.16/2013, pending before Civil Judge, Sr. Division-I, Khunti, whereby and whereunder an application filed under Order VI Rule 17 of Code of Civil Procedure has been rejected.

(2.) The brief facts of the case as per the pleading made in the writ petition is that title suit is going on, being T.S. No.16/2013, the petitioner /defendant and the plaintiffs are claiming title over the suit property. One of the ground of the petitioner to claim the title over the property, apart from the claim of property, being purchased from his own source of income, he has also claimed the title on the basis of gift deed.

(3.) The contention of the learned counsel for the petitioner is that the application under Order VI Rule 17 of C.P.C can be entertained at any stage of trial even before pronouncement of the judgment, therefore, rejecting the said application is not proper rather the petitioner/defendant has been deprived from placing his case before the trial court for its proper adjudication.