- (1.) The present writ petition has been filed by the petitioner-plaintiff under Articles 226 and 227 of the Constitution of India, challenging the order dated 5th May, 2007 passed by the Civil Judge (Junior Division) and Judicial Magistrate, Deeg, Bharatpur (hereinafter referred to as 'the Trial Court') in Civil Suit No. 45 of 2006, whereby the Trial Court has rejected the application of the petitioner to amend the plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908.
(2.) In the instant case, it appears that the petitioner-plaintiff had filed the suit seeking injunction in respect of the premises situated on the ground floor, and as shown in the map annexed to the plaint. During the pendency of the suit, the respondent-defendant had sought to put up construction on the first floor, and therefore the petitioner had moved the application seeking amendment in the plaint alleging inter-alia that the alleged construction put up by the respondent-defendant on the first floor was illegal as the said portion was also joint property of the petitioner, and the respondent. The said application has been dismissed by the Trial Court vide the impugned order.
(3.) It has been sought to be submitted by the learned counsel Mr. Gajendra Singh Rathore for the petitioner that the petitioner had moved the application under Order VI Rule 17 CPC, before the respondent had filed the written-statement, and had also challenged the impugned order immediately after passing of the same, however, petition could not be heard despite of the three applications filed by him seeking early hearing of the petition. According to him, the proposed amendment would not change the nature of the suit, and therefore the same be allowed.;