JUDGEMENT
V.S. Aggarwal, J. -
(1.)The present revision petition is directed against the order passed by the learned Civil Judge (Junior Division), Bhiwani dated June 5, 1998. By virtue of the impugned order, the learned trial Court dismissed the application filed by the petitioner -defendants to amend his written statement and incorporate a counter -claim therein.
(2.)The relevant facts are that respondent -Risala had filed a civil suit for permanent and prohibitory injunction to the effect that petitioner be restrained from interfering or taking forcible possession from the respondent -plaintiff Seemingly, there is a residential house. The suit as such was being contested. The petitioner submitted an application seeking amendment of the written statement contending that in the written statement that had earlier been filed, it had been mentioned that respondent -plaintiff had illegally encroached on some portion measuring 55 -60 sq. yards of Khasra No. 259 in the northern portion of the said Khasra number. It had been pleaded further that this fact came to the notice of the plaintiff -respondent when the land was demarcated. When the written statement was filed, the counter -claim could not be filed inadvertently and may be permitted to be raised/filed at that stage.
(3.)Needless to state that respondent -plaintiff contested the said application. It was asserted that there are other co -sharers in Khasra No. 260 and some land measuring 55 -60 sq. yards of Khasra No. 259 had been demarcafed. Of course, it was denied that there is any encroachment therein.
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