LAWS(P&H)-2006-9-96

SIRI KISHAN Vs. DHARAMPAL

Decided On September 08, 2006
SIRI KISHAN Appellant
V/S
DHARAMPAL Respondents

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 01-8-2006 passed by the Civil Judge (Junior Division), Gurgaon, dismissing the application moved by the plaintiff-petitioner under Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of the plaint. By way of present amendment, the plaintiff-petitioner sought to incorporate the following averment :-

(2.) THE learned Court below came to the conclusion that it was the specific stand of the respondent-defendant No. 1 that the construction had been raised by him. The trial Court further came to the conclusion that while disposing of application of injunction, it was so mentioned that the construction will be subject to partition proceedings, which means that the trial Court has allowed the construction to continue. In view of this, there is hardly any ground to allow amendment of the suit especially when the rights of the parties have to be determined in the partition proceedings. There is no error in exercise of jurisdiction by the Court below which may call for interference by this Court. Dismissed. Petition dismissed.