1. By means of present writ petition, petitioner seeks to quash the impugned order dated 05.01.2019 passed by 2nd Additional District Judge, Rishikesh, Dehradun in Original Suit No.5 of 2013 “Satish vs. Chaman & Others”, whereby said court has rejected the application moved by the petitioner/defendant under Order VI Rule 17 of The Code of Civil Procedure, 1908 (for short, CPC).

2. Factual matrix of the case are that the plaintiff (respondent no.1 herein) instituted a suit for declaration and cancellation of sale deeds dated 29.02.2008, 23.12.2008 and 18.12.2008 executed between the defendants, on the ground, that the property was sold in favour of the plaintiff/respondent no.1 prior to execution of these sale deeds. Petitioner/defendant no.5 and defendant nos.2 to 4 contested the suit and filed written statement on 15.03.2013. On the basis of pleadings of parties, issues were framed. Thereafter, the parties led their evidence. The matter was then fixed by the trial court for arguments. In the meantime, petitioner/defendant no.5 moved an amendment application under Order VI Rule 17 read with Section 151 of CPC stating that the respondent no.1/plaintiff is claiming his right