URMILA SENGAR Vs. DHEERAJ KUMAR SENGAR

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order dated 1.10.2013 passed in Case No. 5A/2013. By this order, the court below has rejected the application under Order 6 Rule 17 CPC, preferred by the petitioner/plaintiff.

(2.) IN a suit for declaration, permanent injunction and restoration of possession filed by the petitioner, the defendant/respondents filed their written statement. An application for amendment (Annexure P -4) was filed on the basis of a subsequent event. This application was opposed by filing reply, Annexure P -5. The court below rejected this application on the ground that by way of amendment, the petitioner has prayed for removing the lock put on a hall. Since the suit is related with the entire suit property, if the petitioner succeeds in the suit, no other order would be required to remove the lock allegedly placed on the hall by the defendant/respondents. By taking this court to the nature of suit and amendment, Shri Chandil submits that findings of court below are perverse in nature.

(3.) PER Contra, Shri M.L.Sharma, learned counsel for the respondents supported the order passed by the court below.