MUSADI SINGH AND OTHERS Vs. JAINA AND OTHERS

JUDGEMENT

(1.) This revision petition has been filed by the defendant challenging order of Additional Senior Sub Judge, Gurgaon, dated 10th Nov., 1988, whereby bis application filed under Order 6 Rule 17 of the Code of Civil Procedure, for amendment of the written statement was dismissed.

(2.) The Plaintiffs Jaina and others filed suit for declaration of their title in the suit land as co-sharers and for partition of the disputed land with consequential relief of possession. The suit was contested by Musaddi and others defendants denying ownership of the plaintiffs and on the other hand claiming their own ownership. At the stage of defendants evidence, an application for amendment of written statement was filed to take up an alternative plea of adverse possession. This request was declined primarily on the ground that the admission made by the defendants in the written statement in para 3 of the preliminary objections and para 5 on merits, that the defendants were co-sharers in the suit lar.d, was being withdrawn and this was being substituted by a plea of adverse possession

(3.) I have perused copy of the written statement. It will be useful to reproduce these two paragraphs from the written statement:-