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2006 Supreme(P&H) 28

M.M.KUMAR
Santokh Singh – Appellant
Versus
Harcharan Singh – Respondent


Judgment

M.M.Kumar, J.

1. The plaintiff has challenged order dated 12.4.1994 passed by Sub Judge, IInd Class, Hoshiarpur in this petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity "the Code"). The trial Court vide impugned order has allowed an application filed by the defendant respondents under Order 6 Rule 17 of the Code in which prayer for amendment of the written statement was made.

2. Brief facts of the case are that the plaintiff-petitioner filed a suit for possession of 17 Kanals 13-1/2 marlas of agricultural land and 2-1/2 marla of abadi land, which is fully detailed in sub-paras (i), (ii), (iii) and (iv) of the heading of the plaint. He has im-pleaded Harcharan Singh son of Gurbachan Singh as defendant No. 1, Kishan Singh-his own father as defendant No. 2 and Sohan Singh-his paternal uncle as defendant No. 3. He also claimed the relief of permanent injunction so as to restrain defendant-respondent No. l from alienating the suit property or from making any construction on the abadi land to which reference has been made in sub-para (iv). In the suit assertion was made that Kishan Singh, father of the plaintiff-petitioner, who has been impleaded

















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