K.C.Puri, J. - (1.) CM No. 2490-91 CII of 2012 The application stands allowed. Copies of documents Annexures P-3 and P-4 are taken on record subject to all just exceptions. CR No. 440 of 2012
(2.) CHALLENGE in this revision petition by the plaintiff is the order dated 10.10.2011 passed by Civil Judge (Junior Division), Faridabad, vide which the application of respondent No.1 for amendment of written statement, has been allowed. Briefly stated, the case of the plaintiffs is that they are owner in possession of land bearing Ahata No. 186/671 situated in Koli Mohalla, village Fatehpur Billoch, Tehsil Ballabgarh, District Faridabad. However, now the ownership of this land vested in Gram Panchayat. The Gram Panchayat has given some land out of Ahata No. 186/671 to the Koli Mohalla residents and they have constructed their house therein and some land has been reserved for the purpose of Mohalla Koliyan Chaupal. However, the same is not being used now-a-days. However, land bearing Ahata No. 186/671 is being used exclusively by the residents of Koli Mohalla. Defendants filed the written statement contesting the claim of the plaintiffs and pointed out that initially the suit property belongs to the father of the defendants No. 1 and 2 and they had purchased the said land from Gram Panchayat after depositing the composite fee of ` 5,874/- on 24.8.1985.
(3.) RESPONDENT No.1 filed an application Under Order 6 Rule 17 CPC that inadvertently, defendant No.1 has mentioned wrong Ahata number in the written statement and wanted to correct those Khasra numbers. It is further pleaded that this error occurred due to application filed by the SEPO in the Court of Assistant Collector Ist Grade, Ballabhgarh dated 4.8.1989. That application was resisted by the plaintiff- now petitioner. However, the trial Court after hearing both the sides accepted the application vide order dated 10.10.2011. Feeling dissatisfied with the order dated 10.10.2011, the plaintiff has preferred the present revision petition.;