SHEKHER DHAWAN
Mahant Jagmohan Singh – Appellant
Versus
Mahant Karamjit Singh – Respondent
SHEKHER DHAWAN, J.
Present revision petition under Article 227 of the Constitution of India is for setting aside order dated 9.4.2014 passed by Additional Civil Judge [Senior Division], Jagadhri whereby application under Order VI Rule 17 CPC for amendment of counterclaim filed by the plaintiff [petitioner herein] was dismissed.
2. Learned counsel for the petitioner, while assailing the order dated 9.4.2014, submitted that in the main suit, an application under Order VII Rule 11 CPC for rejection of the plaint was filed on account of Haryana Registration and Regulation of the Society Act, 2012 [hereinafter referred to as “the 2012 Act”. The petitioner replied to the said application that the 2012 Act was not applicable to the case in hand. As per the petitioner, the defendants changed the nature of trust deed in order to grab the property of the Trust and that has been done during the pendency of the suit. The petitioner wanted to incorporate the subsequent developments by way of amendment of his counterclaim to the following effect:
“(i). That sub para (x) of para No. 2 of Counter Claim will be added as under:
“and for declaration that the impugned trust deed alleged to hav
Zila Panchayat Parishad Vs. Additional District Judge and others
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