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2023 Supreme(HP) 357

SANDEEP SHARMA
Mohinder Kumar – Appellant
Versus
Krishan Lal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Sharma, Advocate.
For the Respondent:Mr. Sunil Chauhan, Advocate

JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with order dated 26.12.2019, passed by the learned Civil Judge (Senior Division-1), Shimla, H.P., whereby an application under Order 6 Rule 17 CPC read with Section 151 CPC, having been filed by the petitioner-plaintiff for amendment of the plaint came to be dismissed, plaintiff has approached this Court in the instant proceedings filed under Article 227 of the Constitution of India, praying therein to set-aside aforesaid impugned order and thereafter, allow the application for amendment.

2. Precisely, the facts of the case are that plaintiff filed suit for permanent prohibitory injunction restraining the respondents from interfering in the peaceful possession of the land comprised in khewat No. 39/94 min, Khatauni No. 174, khasra No. 1592, 1593 and 1915 situate at Mohal Vikas Nagar, Shimla, Himachal Pradesh, in any manner whatsoever, without due process of law. Plaintiff averred in the suit that he had purchased the suit land/structure from its previous owner as he was already having physical possession of the land/structure constructed in the aforesaid khasra numbers as tenant under the previous owners Anil, Punam and Ja

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