- (1.) Leave granted.
(2.) This appeal is directed against the order dated 22.11.2006 passed by the learned single Judge of the High Court of Delhi in C.M. (Main) No. 136 of 2005 whereby the High Court allowed the petition filed by the respondent herein.
(3.) Brief facts: The appellant and the respondent, being members of Adarsh Bhawan House Building Cooperative Society, Delhi were jointly allotted a plot bearing No. 13/20, Punjabi Bagh Extension, New Delhi admeasuring 426 sq. yds. vide perpetual lease deed dated 12.05.1981. After the allotment, the plot was partitioned with the mutual consent of the parties. The front portion was allotted to the appellant and the back portion was allotted to the respondent. The appellant raised construction in the year 1983 and completed the same in the year 1984. The respondent also started raising the construction on the back portion and completed the same in the year 1985. Both the parties were in use and occupation of their respective portions of the property after the respective construction. In the year 1986, the respondent herein filed a suit for mandatory injunction being Suit No. 261 of 1986 alleging that the drive way, which is 10' wide from gate facing 30' road upto the road facing 15' vide service lane at the back, has been encroached upon by the appellant and the appellant is not permitting him to use the drive way. Written statement was filed and the witnesses were examined. On 12.5.2004, the appellant herein filed an application under Order VI Rule 17 read with Section 151 CPC for amendment of written statement and sought the permission of the Court to file a written agreement executed between the parties on 10.9.1982. The respondent herein filed a reply to the application denying the execution of the agreement and claimed that the same is forged and fabricated document. The trial Court, after hearing the arguments, allowed the amendment application on 18.11.2004. Against that order, the respondent herein filed a C.M.(Main) No. 136 of 2005 before the High Court of Delhi. By order dated 22.11.2006, the High Court allowed the petition and set aside the order passed by the trial Court on 18.11.2004 in the amendment application. Aggrieved by the said order, the appellant preferred the present appeal by way of special leave before this Court. ;