1. With consent of learned counsel for the parties, matter heard finally.

2. Petition under Article 227 of the Constitution of India is directed against order dated 5.7.2011 passed by Fourth Civil Judge, Class-I, Jabalpur in Civil Suit No. 68-A/2009; whereby an application under Order 6 Rule 17 and under Order 1 Rule 10 of the Code of Civil Procedure 1908, (hereinafter referred to as ‘the CPC’) has been rejected.

3. Suit by the petitioner, through his wife, against respondent, wife of petitioner’s son, is for mandatory injunction and for possession of House No. 1848/1849, situated at New Shobhapur Colony, Gokalpur Ward, Jabalpur.

4. Experiencing the difficulty in prosecuting the matter because of the ailment, (as per petitioner, he has to take treatment at Pune in regular intervals) therefore, in order to effectively plead the case, he filed an application under Order 1 Rule 10 of the CPC. Petitioner also filed an application under Order 6 Rule 17 of the Code of CPC proposing amendment by incorporating certain facts regarding the suit property and correction of the date of sale deed.

5. Trial Court rejected the application under Order 1 Rule 10 of the CPC on the ground that the pl