VIVEK RUSIA
Mohammed Shafi – Appellant
Versus
Chand Khan – Respondent
ORDER
1. Petitioners/defendants have filed this petition under Article 227 of the Constitution of India challenging the validity of order dated 10.1.2023 passed in R.C.S.A/2/2014 whereby application filed under order 6 rule 17 of C.P.C. seeking amendment in the written statement and application under order 8 rule 1 of C.P.C. seeking permission to file document has been rejected.
Facts of the case in short are as under :--
2. Respondents No. 1 and 2 being plaintiff filed suit for declaration and permanent injunction for the land survey No.641 area 3.20 hectare and 643/1 area 2.06 situated at Village Matanakala, Tehsil & District Ujjain in order to challenge the validity of sale deed dated 13.1.2014 executed by defendants No.1 to 3 (petitioners) in favour of defendant No.4 (respondent No.3). The civil suit is pending since 2014. According to the plaintiff, the suit land was purchased by Kareem Khan who died in the year 1980. His wife Jawa Bai had no issue. Father of the plaintiff used to live in Kareem Khan's house. The mother of plaintiff Faizanbai and Jawa Bai were real sister. After the death of Kareem Khan, the name of Jawa Bai was mutated in the revenue record as owner who died i
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