MOHD YUNUS Vs. NAYEEM AHMED

JUDGEMENT

(1.) THE presence of respondent No.2 and 3, being co-defendants with the petitioner in the trial Court and have not challenged the impugned order, are not required, as such the question involved in this petition could be considered and adjudicated effectively only in presence of the petitioner and respondent No. 1. Hence notice of this petition against respondent No.2 and 3 are hereby dispensed with.

(2.) HEARD on the question of admission.

(3.) THE respondent No.1/ plaintiff initially filed the impugned suit against the petitioner/ defendant No. 1 and the respondent the respondent No.2 to 5 for perpetual and mandatory injunction with respect of the property described in the plaint. On filing the written statement on behalf of the petitioner/ defendant No.1, the issued were framed and trial was commenced. In the course of trial plaintiff/ respondent No. 1 filed the impugned application under Order 6 Rule 17 of CPC (Ann.3) for ammendment to insert the prayer for declaration declaring him to be the owner of the disputed property as he has perfected his title by adverse possession. By filing the reply (Ann. P.4) the averments of the application were denied and disputed by the petitioner.