G.P.MATHUR, AFTAB ALAM
Usha Devi – Appellant
Versus
Rijwan Ahamd – Respondent
judgment
Aftab Alam, J. —
1.Leave granted.
2.This appeal is directed against the order dated July 13, 2006, passed by the High Court in W.P.(C) No.2325 of 2006. It is a brief and non-speaking order by which the High Court dismissed the writ petition and affirmed the order passed by the trial court which, in turn, had rejected the appellants petition under Order 6, Rule 17 of the Code of Civil Procedure (CPC for short) for amendment of the suit property as described in the Schedule to the plaint.
3.The material facts are brief and simple. In the year 2002, the appellant filed a suit, inter alia, seeking permanent injunction restraining the respondents-defendants from interfering with her rights over the suit property and further directing them not to build or demolish the building already existing on the suit land. In the Schedule to the plaint, the description of the suit premises was given as follows :
“Southern half portion of measuring an area of 1937.97 sq.feet = 0.04.448 acres or 0.04.9/20 acres bearing at present holding Nos.304, before that 275 and presently 201, Ward No.IV(Old) New 13, of Giridih Municipality having double storied house together the land over which it stands bou
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.