CR No.6096 of 2016(O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR No.6096 of 2016(O&M)

Date of Decision: 04.10.2016

Municipal Council Bahadurgarh

......Petitioner

Versus

Ram Murti

.....Respondent

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present: Mr. Deepak Balyan Advocate

for the petitioner.

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RAJ MOHAN SINGH, J.(Oral)

[1].

Petitioner-Municipal Council has challenged the order

dated 01.08.2016 passed by Additional Civil Judge (Senior

Division), Bahadurgarh vide which application under Order 6

Rule 17 CPC for amendment of written statement filed by

defendant No.2-petitioner was dismissed.

[2].

Plaintiff-respondent filed a suit for permanent injunction

against State of Haryana and another on the ground that plaintiff

had purchased the plot vide sale deed dated 10.01.1974 having

defined dimensions.

[3].

After the purchase of said plot, the plaintiff applied for

sanctioning the site plan from Municipal Committee,

PRINCE SAINI

2016.10.07 10:40

I attest to the accuracy and

authenticity of this document

Chandigarh

CR No.6096 of 2016(O&M)

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Bahadurgarh and the same was sanctioned on 19.05.1976.

Thereafter, plaintiff raised boundary wall and constructed

residential house over the plot in question and since then, the

same was in his possession.

[4].

In para No.6 of the plaint, plaintiff alleged in the

following manner:-

“That the defendant No.2 threatened the

plaintiff by show cause notice No.343/5E dated

4.4.2011 to demolish the portion of the house

of the plaintiff, which is marked by letters

ABCD and shown in red colour in the site plan,

alleging that the plaintiff has encroached upon

the portion of West Jua Drain and is bent upon

to dispossess the plaintiff therefrom forcibly

and illegally. Whereas the plaintiff has not

encroached upon a single inch of West Jua

Drain. It is pertinent to mention here that the

father of the plaintiff has got demarcated the

suit property through revenue official and there

was no encroachment of any type was found

over the land of West Jua Drain as is evident

from the LC report submitted by the revenue

official in a civil suit No.69 of 2003 decided on

17.02.2006. It is further submitted that

inadvertently the said report could not be

produced before the predecessor of this

Hon'ble Court and the above mentioned suit

was decided in the absence of said

PRINCE SAINI

2016.10.07 10:40

I attest to the accuracy and

authenticity of this document

Chandigarh

CR No.6096 of 2016(O&M)

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demarcation report. The report is attached

herewith for the kind perusal of the Hon'ble

Court.”

[5].

On receiving notice from original defendant No.2 i.e.

Sub Divisional Officer (Irrigation) Haryana Government PWD

Mechanical Union Reg. No.41, Irrigation Branch, Bahadurgarh,

Nahra-Nahri Road, near Drain Bahadurgarh, Distt. Jhajjar, the

civil suit came to be filed.

[6].

Written statement was filed by the original defendant in

which para No.6 of the written statement on merits reads as

under:-

“Para is wrong and denied. The plaintiff has

been asked to demolish the illegal possession

of Govt. land. Rest of para is denied for want

of knowledge”

[7].

Thereafter, the area came under the municipal limits

and original defendant No.2 was replaced by Municipal Council,

Bahadurgarh. Municipal Council, Bahadurgarh filed an

application under Order 6 Rule 17 CPC for amendment of

written statement. Defendant No.2-Municipal Council,

Bahadurgarh sought to add para No.5 in the preliminary

objections of the written statement. The proposed amendment

reads like this:-

“5. That the suit of plaintiff is barred by

principle of res judicata. It is submitted that

PRINCE SAINI

2016.10.07 10:40

I attest to the accuracy and

authenticity of this document

Chandigarh

CR No.6096 of 2016(O&M)

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Ragnunath, the father of present plaintiff had

filed a civil suit bearing No.69 dated

28.