RATAN LAL Vs. SMT DEVI BAI

JUDGEMENT

(1.) This writ petition is direct against order dated 17.11.2008 (Annexure 5) and dated 9.3.2009 (Annexure 7) passed by the District Judge, Rajsamand in Civil Suit No. 86/2008. By order dated 17.11.2008, the Trial Court directed the parties to remain present for examination of the parties under Order X of CPC and by order dated 9.3.2009, an application preferred by the petitioner/plaintiff seeking leave to amend the plaint, stands rejected. The petitioner/plaintiff filed a suit for cancellation of sale deed and permanent injunction against the respondents/defendants. The suit is being contested by the defendant No. 1, the respondent No. 1 herein, by filing a written statement thereto.

(2.) On an application being preferred by the petitioner/plaintiff seeking temporary injunction, vide order dated 27.8.2008 the Trial Court directed both the parties to maintain the status quo at the site regarding the disputed property so also in the revenue record. On 27.8.2008, the petitioner submitted application for appointment of Commissioner for local investigation so as to bring the correct factual position at the site on record. The application was allowed by the trial Court vide order dated 5.9.2008 and in pursuance there of, the commissioner appointed by the Court below inspected the site on 5.2.2009. It is alleged that during the pendency of the application for appointment of the Commissioner, the respondent taking advantage of the situation, forcefully dispossessed the petitioner and put her name plate on the gate of the land in dispute and the room existing on the land was also occupied by the respondents by putting her articles therein. In these circumstances, the petitioner/plaintiff preferred an application seeking leave to amend the plaint which was contested by the respondent/defendant No. 1 by filing a reply thereto.

(3.) It is submitted that on 17.11.2008, the Trial Court suo moto directed for examination of the parties under Order X Rule 2, CPC. The statements of the respondent/defendant No. 1 and the petitioner/plaintiff were recorded by the Court below on 11.2.2009 and 25.2.2009 respectively.