- (1.) This petition is directed against an order dated 3-10-1992, passed in Civil Appeal No. 107 of 1990 Sant Ram Agarwal v. Smt. Ram Dei and others. The petitioner had filed an application numbered as 27-A and sought amendment in the written statement, filed by him in suit No. 229 of 1987. The said application for amendment was rejected by the aforesaid order dated 3-10-1992.
(2.) It may also be relevant to indicate that suit No. 29 of 1987 was decided by the learned Munsiff, South, Lucknow on the 26th of July, 1990. The application for amendment was moved at the time of the hearing of the appeal arising from the judgment in the said suit. By the said application for amendment 18 paragraphs were sought to be added to the written statement.
(3.) Present opposite parties 2 to 4 had filed suit No. 29 of 1987 on the allegation that in the night intervening 24- 25/12/1986 the petitioner had blocked main door of premises No. 86/248 Ka Mohalla Kurmi Tola Lal Kunwan Lucknow and had covered the area measuring 13' x 12' situated in front of the aforesaid door into a room and has fixed exit door in it. The allegation further was that the petitioner took forcible possession over the land situate in front of the aforesaid door in illegal manner. On these facts opposite parties 2 to 4 prayed relief of mandatory injunction, directing the petitioner to demolish and to removed illegal construction made by him in front of the exit door of premises No. 86/248 Ka and further for a decree for permanent injunction, restraining the petitioner from making any encroachment for construction over the land situate in front of this exit door.;