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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 5839 of 2002

PETITIONER:

SAMPATH KUMAR

RESPONDENT:

AYYAKANNU AND ANR.

DATE OF JUDGMENT: 13/09/2002

BENCH:

R.C. LAHOTI & BRIJESH KUMAR

JUDGMENT:

JUDGMENT

2002 Supp(2) SCR 397

The following Order of the Court was delivered : Leave granted.

The plaintiff-appellant filed a suit for issuance of permanent prohibitory

injunction alleging the plaintiff-appellant’s possession over the suit

property which is an agricultural land. The defendant in his written

statement denied the plaint averments and pleaded that on the date of the

institution of the suit he was in possession of the suit property and

therefore the suit for injunction was liable to be dismissed. The suit was

instituted in the year 1988.

In the year 1999, but before the commencement of the trial, the plaintiff

moved an application under Order VI Rule 17 CPC seeking an amendment in the

plaint. It is alleged in the application that in January 1989, that is,

during the pendency of the suit, the defendant has forcibly dispossessed

the plaintiff. On such averment the plaintiff sought for relief of

declaration of title to the suit property and consequ