Order on Board

06.01.2025

1) Heard.

2) The petitioner/plaintiff has filed this petition against the order dated 04.12.2024 passed by the learned Trial Court in Civil Suit No.36-A/2022 whereby, the application moved by the plaintiff under Order 6 Rule 17 CPC for amendment in the plaint has been rejected.

3) Mr. Verma, the learned counsel appearing for the petitioner would submit that the plaintiff filed a civil suit for declaration of title and permanent injunction over Survey No.130/4 (old survey No.46) ad-measuring 0.013 acres situated at Village Bathena, Tehsil and District Dhamtari (C.G.) interalia on the ground that the suit property was purchased through a registered sale deed dated 26.10.1983. He would contend that during the pendency of the civil suit, the plaintiff moved an application claiming therein right over the suit property by law of prescription. He would further contend that the plaintiff is in possession of the suit property since the year 1983 and thus perfected his right by way of adverse possession. He would lastly submit that the learned Trial Court committed an error of law in rejecting the application moved by the plaintiff.

4) On the other hand, Mr. Agrawal, the learned Panel Lawyer appearing for the State would oppose the submissions made by Mr. Verma. He would submit that the plaintiff has filed a civil suit claiming himself as the owner of the property and by way of amendment, he is claiming ownership on the basis of adverse possession and thus, inconsistent pleadings have been raised by the plaintiff, therefore, the learned Trial Court rightly rejected the application under Order 6 Rule 17 of CPC moved by the plaintiff.

5) I have heard learned counsel appearing for the parties and perused the documents placed on record.

6) Taking into consideration the fact that initially, the plaintiff filed a civil suit claiming therein title and ownership over the suit property by virtue of the sale deed dated 26.10.1983 and later on, by way of amendment, he claimed right over the property by way of adverse possession. The plaintiff moved an application for amendment which is inconsistent with the plea taken in the plaint. Therefore, in the opinion of this Court, the learned Trial Court rightly rejected the application moved by the plaintiff. Consequently, I do not find any good ground to interfere with the order passed by the learned Trial Court. Accordingly, the present petition fails and is hereby dismissed. No cost(s).