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2022 Supreme(Raj) 2296

VINIT KUMAR MATHUR
Sri Kant Rajpurohit – Appellant
Versus
Bharat Petroleum Corporation Limited – Respondent


Advocates appeared:
D.D. Chitlangi, Advocate., for the Appellant
Vinay Kothari and Rajeev Purohit, Advocate., for the Respondents

JUDGMENT

Vinit Kumar Mathur, J. - Heard learned counsel for the parties.

2. The present writ petition has been filed against the order dated 22.04.2022 passed by the learned Civil Judge, Nokha, District Bikaner, whereby the application preferred by the petitioner under Order 6 Rule 17 read with Section 151 C.P.C. has been rejected.

3. Learned counsel for the petitioner submits that the petitioner has preferred a suit for eviction of the respondents from the property in question. Learned counsel submits that in the suit proceedings, the issues have been framed and after framing the issues, an application under Order 6 Rule 17 CPC has been preferred for amendment in the plaint. Learned counsel further submits that a suit was preferred by the petitioner on 03.7.2012 and the total area for which the suit was preferred is mentioned as 10680 Sq.ft. in paragraph-1 of the plaint. Out of this 10680 Sq.ft. of land, the petitioner sold 5340 Sq.ft. of land to one C.R. Build Con. Private Limited vide sale agreement dated 19.06.2012. Learned counsel also submits that by an inadvertent error, this fact of sale could not be mentioned in the plaint and actually the suit for eviction should have been f

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