2014 Supreme(Raj) 1826
SANGEET LODHA
Aaskaran – Appellant
Versus
Smt. Sushila Devi – Respondent
Advocates:
For the Petitioner:Hemant Jain, Advocate.
JUDGMENT
1. - This writ petition is directed against order dated 5.5.14 passed by the Civil Judge (S.D.), Suratgarh in Civil Suit No.41/08, whereby an application preferred by the petitioner-defendant under Order 6, Rule 17 CPC, stands rejected.
2. Learned counsel for the petitioner contended that the petitioner had preferred the application seeking amendment of the written statement stating that the fact relating to the ownership of the disputed premises has come to his knowledge recently when the documents in this regard were issued by the Municipal Board, Suratgarh. Learned counsel submitted that from the record of Municipal Board, it is apparent that the disputed premises is owned by Mohanlal and Brijlal and not the plaintiff. Learned counsel submitted that as per the certificate issued by the Municipal Board, Mohanlal and Brijlal are the legal heirs of late Shri Dhanraj Daga and thus, the plaintiff has nothing to do with the disputed premises. Learned counsel submitted that the facts sought to be incorporated by way of amendment of written statement are germane to the matter in dispute and for just and complete decision of the dispute involved, it is absolutely necessary that s
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