- (1.) This writ petition is directed against the order dated 27.09.2004 passed by the Additional Civil Judge (Junior Division), whereby he has rejected the amendment application moved by the petitioner/appellant under Order VI-Rule17 CPC and the order dated 27 September 2007 passed by the Revisional Court, dismissing the revision.
(2.) Briefly stated the facts are; the petitioner instituted a suit for permanent injunction in the Court of Civil Judge (Junior Division)-II, Etawah. The petitioner/plaintiff's case in the Suit is that the plaintiff Sri Satya Dev-Shakuntala Devi Educational Trust is a registered Trust and one Sri Rajendra Kumar Sharma, who has joined the suit in the capacity of the Managing Trustee, manages the affairs of the Trust. The defendant/respondent, who is the tenant in the Trust property, had stopped the payment of the rent from April 1995 and when he was asked to vacate the premises he started illegal construction on the land of the Trust. The respondent/defendant filed his written statement and contested the suit on the ground that a sale deed was executed in favour of wife of defendant/respondent no. 3 regarding the property, in which he is in possession.
(3.) The plaintiff/petitioner filed an application under Order VI Rule 17 CPC for amendment of the pleadings. It was pleaded in the amendment application that the defendant has filed an original copy of the sale deed said to be executed on 13 September 1976 by Satya Dev, on 23.11.2001 in the Trial Court. It is stated that the said sale deed was not a registered document and the plaintiff had also verified from the office of the Sub-Registrar. The enquiry revealed that the alleged sale deed dated 13 September 1976 was not a registered document, therefore, the sale deed has no evidentiary value in the eyes of law. The respondent no. 3 filed his objections to the amendment application. By the impugned order the Trial Court has rejected the amendment application of the petitioner and his revision also came to be dismissed.;