CAV JUDGMENT

Date : 07.01.2025

The present civil miscellaneous petition has been filed for setting aside the order dated 07.12.2016 passed by learned Sub Judge VIII, Motihari in Title Suit No. 409 of 2015 whereby and whereunder the learned Sub Judge allowed the petition dated 09.09.2016 filed by the respondent/defendant under Order 6 Rule 17 of the Code of Civil Procedure (in short “the Code”) for amendment in the written statement.

2. Briefly stated, facts of the case, as it appears from the record, are petitioner is plaintiff of Title Suit No. 409 of 2015 and has filed the suit for declaration of sale deed dated 17.01.2012 to be forged, fabricated and illegal and for setting aside the same declaring the right and title of the plaintiff over the suit property apart from other reliefs. The plaintiff claimed the suit property to be his ancestral property in respect of which a lease deed was executed by the father of the plaintiff in favour of the father of the respondent for twelve years. For non-compliance of the terms of the lease deed the plaintiff, his father and his brothers filed a Title Suit bearing no. 37 of 1991 against the defendant. During the pendency of the title suit, t