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1994 Supreme(P&H) 312

G.C.GARG
Jagroop Singh And Anr. – Appellant
Versus
Bhajna – Respondent


Judgment

G.C.Garg, J.

1. Dismissal of application under Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of the written statement has given rise to this revision petition.

2. Bhajna, plaintiff filed a suit for possession in respect of land measuring 16 kanals 12 marlas and 10 kanals 15 marlas on the ground that the said land had been aliened to his father in the year 1973. In paras 2 and 3 of the plaint, it was alleged that the defendants took forcible possession of the land in dispute about 5/6 months prior to the filing of the suit and their possession was, therefore, illegal and that the defendants had no interest therein.

3. Defendants filed joint written statement. Averments made in the plaint were denied as wrong and in para 2 of the written statement it was stated thus:

"Para No. 2 is wrong and is denied. The defendant is neither in possession of the land in question nor he has harvested any wheat crop from the land. The suit of the plaintiff is absolutely wrong, baseless and based on false statement of facts. The plaintiff filed a suit for injunction against the defendants in respect of Killa No. 41/12/2, 13, 14, 15 and 17/2 for restraining the plaintiffs for













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