PANKAJ BHANDARI
Kala Devi W/o Late Sh. Navneet Gurjar – Appellant
Versus
Praveen Surana S/o Sh. Sugan Singh Surana – Respondent
Mr. Pankaj Bhandari, J.
1. The petitioner has preferred this writ petition aggrieved by the order dated 02.09.2015 passed by Civil Judge (J.D.) Nathdwara vide which applications filed by the petitioner under Order 6, Rule 17 CPC and Order 7, Rule 14 (3) of CPC were rejected.
2. It is contended by counsel for the petitioner that during the pendency of the suit, the defendant forcefully put his lock on the premises belonging to the plaintiff-petitioner and the same was a subsequent event which was necessary for deciding the controversy in the suit. The plaintiff-petitioner moved an application under Order 6, Rule 17 to incorporate the same in their pleadings.
3. Counsel for the petitioner has placed reliance on AIR 2002 SC 3369 Sampath Kumar v. Ayyakunnu and Anr. and (2002) 3 SCC 605 Fritiz T.M. Clement & Anr. v. Sudhakaran Nadar & Anr. Reliance has also been placed on AIR 2004 SC 4102 Pankaja & Anr. v. Yellappa (D) by LRS. & Ors. and AIR 2006 SC 1647 Rajesh Kumar Aggarwal & Ors. v. K.K. Modi & Ors.
4. In Rajesh Kumar Aggarwal & Ors. v. K.K. Modi & Ors. (supra), the Hon'ble Apex Court has placed reliance on (2001) 2 SCC 472, para 5 of which is reproduced as under :
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