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2017 Supreme(Jhk) 1486

SHREE CHANDRASHEKHAR
Gopal Krishna Mattoo – Appellant
Versus
Damodar Valley Corporation – Respondent


Advocates Appeared:
For the Petitioner: Dilip Kumar Prasad
For the Respondent: Srijit Choudhary

JUDGMENT :

Shree Chandrashekhar, J.

Aggrieved of order dated 06.12.2016 passed in Title Suit No. 48 of 2012 whereby an application under Order VI Rule 17 CPC has been rejected, the petitioners have approached this Court.

2. The petitioners are defendants in Title Suit No. 48 of 2012. The suit was instituted by Damodar Valley Corporation for a decree of declaration of its exclusive and unencumbered right, title and interest over entire area of land comprised in Plot No. 1291, Khata No. 41 under Mouza No. 239 at village Kesharkural, P.S. Chirkunda (District Dhanbad) and a declaration that sale deeds dated 20.09.2010 as described in Schedule 'B' of the plaint in respect of 13.77 decimal of land comprised in Plot No. 1291 (Khata No. 41) is inoperative, non-est and void ab initio. A prayer for permanent injunction restraining the defendants, their agents, servants etc. from interfering with right, title, interest and exclusive possession of plaintiff No. 1 D.V.C. was also made. The suit was instituted on 07.06.2012 and the defendants presented their written statement on 11.01.2013. Issues were settled in the suit on 31.08.2015. Thereafter, application for amendment in the written statement






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