RAMESH CHANDRA Vs. ANIL KUMAR AND OTHERS

JUDGEMENT

(1.) This petition is instituted against the order dated 02.03.2016 rendered by the Board of Revenue in Revision No.147/2014-15 and order dated 22.06.2015 rendered by the Assistant Collector First, Dehradun in Case No.19/2009-10.

(2.) Key facts, necessary for adjudication of this petition, are that petitioner/plaintiff filed a suit under Section 229-B of U.P. Z.A. & L.R. Act for the declaration of his Bhumidhari rights. Respondents/defendants filed the written statement. The issues were framed. Petitioner also led his evidence. Thereafter, petitioner/plaintiff filed an application under Order 6 Rule 17 of Code of Civil Procedure to amend the plaint. The objections were filed by the defendants/respondents. Learned Assistant Collector First, Dehradun partly allowed the amendment application vide order dated 22.06.2015. Against the said order, petitioner/plaintiff preferred a revision No.147/2014-15 before the Board of Revenue, Dehradun which was dismissed vide order dated 02.03.2016.

(3.) According to the petitioner/plaintiff, he has told his lawyer about the facts which he wanted to incorporate in the plaint by way of amendment. However, the lawyer inadvertently could not mention these facts in the plaint.