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2017 Supreme(P&H) 2617

RAJ MOHAN SINGH
Aadish Aggarwal – Appellant
Versus
Brijeshwar Swaroop – Respondent


Advocates Appeared:
For the Petitioners:Rajiv Kataria, Advocate
For the Respondent:Raj Kumar Gupta, Advocate

JUDGMENT :

Raj Mohan Singh, J.

Petitioners have assailed the order dated 21.09.2016 passed by Civil Judge (Junior Division), Safidon, vide which application under Order 6 Rule 17 CPC filed by the petitioners for amendment of written statement was dismissed.

2. Plaintiff/Brijeshwar Swaroop filed a suit against the defendants for permanent injunction, restraining the defendants from interfering in the ownership and possession of the plaintiff over the suit land. Plaintiff claimed himself to be owner in possession of the suit land by virtue of sale deed dated 25.09.1957 and is continuing as such in the revenue record viz. jamabandis for the year 1960-61 onwards.

3. Plaintiff alleged that under the garb of filing of a civil suit titled Anil Aggarwal v. Brijeshwar Swaroop etc., defendants have started interfering in the peaceful possession of the plaintiff over the suit property. The suit was filed on 22.11.2011 and the same was contested by the defendants.

4. An application under Order 6 Rule 17 read with Section 151 CPC was filed by the defendants for amendment of the written statement filed by defendants No.2 and 3 on the ground that in para No.4 of preliminary objection of the written st


















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