RAGHUBIR SINGH Vs. PRADEEP KUMAR AND OTHERS

JUDGEMENT

(1.) In this petition filed under the provisions of Art. 227 of the Constitution of India, newly added defendants/legal heirs of the original defendant have assailed order dated 30.11.2015, passed by Civil Judge (Senior Division), Court No. 1, Paonta Sahib, District Sirmaur, H.P., in Case No. 208/1 of 2009, titled as Pardeep Singh and others Vs. Jeet Singh. In terms of the impugned order, additional written statement allegedly pleading new facts by setting up a new defence by the legal heirs, has been directed to be taken off the record for the reason that their action, without following the procedure i.e. seeking amendment of the original written statement, has seriously prejudiced the plaintiffs.

(2.) It is a matter of record that plaintiffs/respondents herein had filed a suit for declaration and permanent prohibitory injunction with respect to their right, title and interest in the suit land. The suit came to be contested by the original defendant Jeet Singh who not only disputed the plaintiffs' right, title and interest but also claimed his title by virtue of the provisions of the H.P. Tenancy and Land Reforms Act, 1972 (hereinafter referred to as the Act) over the suit land.

(3.) Based on the pleadings of the parties, trial Court framed the following issues:-