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2017 Supreme(P&H) 1972

DAYA CHAUDHARY
Gurdev Singh – Appellant
Versus
Tarsem Singh – Respondent


Advocates:
For the Petitioner:Mr. Sarju Puri, Advocate
For the Respondant:Mr. Vijay Lath, Advocate

JUDGMENT

Mrs. Daya Chaudhary, J.:- The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 11.5.2012 (Annexure P-10) passed by Additional Civil Judge (Senior Division), SBS Nagar, whereby, application of the respondent-plaintiff under Order 6 Rule 17 CPC for amendment of the plaint has been allowed.

2. Briefly, the facts of the case as made out in the present petition, are that respondent-plaintiff filed a suit for permanent injunction restraining the petitioner-defendant from encroaching upon the Rasta bearing Khewat No. 311, Khatauni No. 546, Khasra No. 4416/1974 (0-18) situated in the area of village Chakdana, Tehsil and District Nawanshahar. Said suit was contested by the petitioner-defendant and written statement was filed. During pendency of the aforesaid suit, respondent-plaintiff filed another suit for mandatory injunction to direct the petitioner-defendant to remove his structure and possession from the encroached property of the respondentplaintiff as mentioned in fard jamabandi for the year 2000-2001, Khewat No. 67, Khatauni No. 92, Khasra No. 4412 (7-1). Thereafter on 22.12.2016, the earlier suit N























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