Mr. Raj Mohan Singh, J.:- Petitioner has challenged the order dated 03.11.2014 passed by Civil Judge (Sr. Divn.) Jind, in a suit for declaration with consequential relief of permanent injunction, titled “Smt. Phul Pati vs. Bhim Singh and others” vide which application for amendment of the plaint was dismissed.

2. Brief facts are that the plaintiff filed a suit for declaration to the effect that judgment and decree dated 01.10.1980 passed in a civil suit was illegal, null & void and not binding upon the rights of the plaintiff. Consequential relief of permanent injunction was also sought to restrain the defendants from alienating or creating any encumbrance over the suit property.

3. The suit was contested by the defendants by filing the written statement. Thereafter replication was filed by the plaintiff.

4. After completion of the pleadings, case was fixed for evidence of the plaintiff. No plaintiff witness was examined on 12.03.2014. Application under Order 6 Rule 17 CPC was filed by the plaintiff on the ground that in the written statement, plea was taken by the defendants that suit for mere declaration was not maintainable as the defendants were owners in possession ove