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2015 Supreme(Del) 2676

PRATIBHA RANI
Subhash Chand Sethi – Appellant
Versus
J. K. Jain – Respondent


Advocate Appeared:
For the Petitioner:Mr. G.P. Thareja, Advocate.
For the Respondent:Mr. S.K. Bhattacharya and Ms. Seema Sharma, Advocates.

JUDGMENT :

PRATIBHA RANI, J.

1. Feeling aggrieved by the order dated 20th May, 2015 whereby the prayer of the petitioner to amend the written statement has been declined, the petitioner has invoked the extraordinary jurisdiction vested in this Court under Article 227 of the Constitution of India with a prayer that impugned order may be set aside and the application under Order VI Rule 17 CPC may be allowed.

2. On behalf of the petitioner it has been submitted that the petitioner is owner of the suit property and had been in uninterrupted possession of the same prior to the year 2001 till date. The physical possession of the suit property was never handed over at any point of time to Shri B.D. Arora. The trial in the suit is at the initial stage as the respondent/ plaintiff is under cross-examination. When the case was listed for cross-examination of the respondent/plaintiff, with a view to avoid any technical objection during cross-examination, the amendment application to seek amendment of written statement has been filed on 21st April, 2014.

3. Mr. G.P. Thareja, learned counsel for the petitioner urged that the amendment sought for by the petitioner who is defendant in Civil Suit

























































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