Arun Bhansali, J. - (1.) THIS writ petition under Article 226 and 227 of the Constitution of India has been filed by the petitioner -defendant -LIC against order dated 08.11.2006 passed by the trial court, whereby, the application filed by respondent No. 3 - plaintiff for amendment of plaint under Order VI, Rule 17 CPC has been allowed.
(2.) THE facts in brief may be noticed thus : the plaintiff filed a suit for permanent injunction against petitioner - LIC, Urban Improvement Trust, Jodhpur and State, inter alia, with the averments that he was owner of plot No. 1 situated at Manji Ka Hatha, Paota, Mandore Road, Jodhpur ad measuring 60 x 40 ft., which was purchased by him vide registered sale deed dated 03.07.1972; it was alleged that U.I.T., Jodhpur allotted plot to L.I.C. on 10.03.2000 and it started raising construction and assured plaintiff that 30 ft. wide road on the northern side of the plot would not be disturbed; it was alleged that when the plaintiff went on his plot then Assistant Engineer and other employees of U.I.T., Jodhpur were informing the Officers and Contractor of L.I.C. that L.I.C.'s plot overlaps 15 x 60 ft. with plaintiff's plot and the said area of 15 x 60 ft. has been shown as setback in the L.I.C.'s map and the defendants were raising pillars on the 30 ft. wide road; based on the said averments the plaintiff prayed for permanent injunction against taking possession/trespassing on plaintiff's plot and on the 30 ft. wide road; alongwith the suit an application under Order XXXIX, Rule 1 and 2 CPC was filed. The trial court by its order dated 13.04.2000 dismissed the application under Order XXXIX, Rule 1 and 2 CPC filed by the plaintiff.
(3.) IN the appeal filed by the plaintiff under Order XLIII, Rule 1(r) CPC, the appellate court allowed the appeal and granted temporary injunction qua plaintiff's plot and the 30 ft. wide road.;