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2015 Supreme(HP) 1107

SANJAY KAROL
Jumla Jamindaran Village Pangi – Appellant
Versus
Jumla Jamindaran Village Telangi – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Mr. Suneet Goel, Advocate, for the petitioner
For the respondent:Mr. Bhupinder Gupta, Sr. Advocate, with Mr. Janesh Gupta, Advocate, for respondents No. 1 and 2
Mr. R. S. Verma, Addl. Advocate General with Mr. R. M. Bisht, Dy. A.G. for respondent No. 3

JUDGMENT :

Sanjay Karol, J.

Plaintiffs – petitioners herein, are aggrieved of the order dated 25.2.2015, passed by Civil Judge (Senior Division), Kinnaur at Reckong Peo, District Kinnaur, H.P. in Case No. 11-R/1 of 1999/2014, titled as Jumla Jamindaran Village Pangi & others vs. Jumla Jamindaran Village Telangi & others, whereby defendants’/respondents’ application, filed under Order 6 Rule 17 C.PC., seeking amendment of the written statement, stands allowed.

2. Reasons for allowing the same are reproduced herein under:

“I have heard the ld. Counsel for the parties and have gone through the record file carefully. It is admitted fact that the State of H.P. arrayed as party after passing the order by the Hon’ble High Court and defendant moved the present application to take the legal objection as the suit is time barred and want to make some amendment in para No. 3 of the plaint that the Khewatdarans have customary rights of the passage having construct by them by cutting rocks and kucha dhank and using the same from the time immemorial. The present suit has been filed for declaration that the land comprised in khata khatauni No. 70 min/138 min, Khasra Nos. 1, 3, 7, 7/2 and 8 falls withi



















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