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2004 Supreme(HP) 64

A.K.GOEL
JEET RAM KISHORE – Appellant
Versus
SUNDER SINGH – Respondent


Advocates Appeared:
Shri G.D. Verma, Senior Advocate with Shri Romesh Verma, Advocate, for the Petitioners; Shri Ashok Sood, Advocate, for the Respondent.

JUDGMENT

Arun Kumar Goel, J.—This revision is directed against the order dated 1-8-2003, whereby learned trial Court has dismissed the application under Order VI, Rule 17 read with Section 151 of the C.P.C. filed by the petitioners, hereinafter referred to as "the defendants", for amendment of their written statement.

2. With a view to properly understand and appreciate the controversy involved in this revision, case set up by the parties, out of which this revision has arisen, and on which, learned Counsel for the parties were not at variance at the time of hearing, need to be briefly noted. These are :—

3. That a suit was filed by the respondent, hereinafter referred to as "the plaintiff" on the basis of title qua the land as detailed in the plaint against the defendants for permanent prohibitory injunction restraining them from, in any manner, interfering with his possession and ownership. This suit was filed on 19-9-1995. Written statement was filed on 29-9-1995. Issues were framed on 7-4-2000 by the trial Court. This suit is being contested and resisted by the defendants. They have claimed passage, but from which particular parcel of land and where it exists and whether it is ov












































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