Advocates:
['PRADEEP SHAH', 'HEERA SINGHHEERA SINGH SANDEEP SHAH', 'HEERA SINGH', 'SANDEEP SARUPARIA']

1

S.B. CIVIL WRIT PETITION NO.935/2007.

Laxman Singh & Ors.

Vs.

Civil Judge (J.D.), Deogarh & Anr.

Date of Order :: 16^th May 2008.

HON'BLE MR. JUSTICE DINESH MAHESHWARI

Mr. Sandeep Shah, for the petitioners.

Mr. Sandeep Sarupariya, for the respondent No.2.

...

Reportable BY THE COURT:

This writ petition is directed against the order dated

06.01.2007 (Annex.5) passed by the Civil Judge (Junior

Division), Deogarh (Rajsamand) in Civil Suit No. 2/2004

rejecting the application for amendment of the written

statement as moved by the defendants-petitioners.

Briefly put, the background facts and relevant aspect are

that the plaintiff Kishan Singh (respondent No.2) and the

defendant No.1 Laxman Singh (petitioner No.1) are bothers;

the defendant No.2 Deepak (petitioner No.3) is the son of

defendant No.1; and the defendant No.3 Smt.Kamla (petitioner

No.2) is the wife of the defendant No.1. By way of the

present suit, as filed on 01.05.2004 against the defendants

Nos.1 and 2, the plaintiff has sought perpetual injunction with

the averments, inter alia, that a 30' x 45' plot of land as

described in paragraph 1 of t