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2019 Supreme(Jhk) 1121

SUJIT NARAYAN PRASAD
Ashiruddin Ansari – Appellant
Versus
Umar Ali – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. P.K. Mukhopadhyay, Advocate

ORDER :

1. The writ petition is under Article 227 of the Constitution of India, whereby and whereunder, order dated 03.05.2017 passed by the Civil Judge (Sr. Div.)-VI, Dhanbad in Title Suit No.243 of 2014, whereby and whereunder, the trial Court has rejected the petition filed by the petitioner/plaintiff under Order 6 Rule 17.

2. It is the case of the petitioner that a declaratory suit for declaring the right and title over the property in question has been filed, at that time when the defendants have tried to encroach upon the land. The petitioner is claiming the title over the land in question by virtue of the right of their predecessor-in-interest of the recorded raiyat, since their names were referred in the revenue survey.

The trial Court has issued notice to the defendants, in pursuance thereto, written statement has been filed, wherein, the pleading made by the plaintiff in the plaint has been disputed and denied by claiming the title over the said property by virtue of sale deed no.6558 dated 06.08.1942 and sale deed no.12242 dated 19.07.1965.

3. The petitioner has filed a petition under Order 6 Rule 17 of the C.P.C. seeking therein the amendment to the effect that he may be al

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