- (1.) With the consent of the learned counsels for the parties, the appeal is decided finally at the admission stage.
(2.) The present appeal arises out of the order dated 17/8/2012 passed by the Additional Sessions Judge, Malpura, District Tonk (hereinafter referred to as 'the Appellate Court') in Regular Appeal No.13 of 2006, whereby the Appellate Court while allowing the application filed by the respondents-defendants under Order VI, Rule 17 of CPC, seeking amendment in the written statement, has set aside the judgment and decree dated 10/7/2006 passed by the Civil Judge (Junior Division), Todaraisingh (hereinafter referred to as 'the Trial Court') in Civil Suit No.376 of 1996, and remanded the case to the Trial Court for deciding the suit afresh.
(3.) The short facts, giving rise to the present appeal, are that the appellants-plaintiffs had filed the suit, seeking eviction of the respondents-defendants from the suit premises and seeking mandatory injunction directing the defendants to remove the construction made on the suit land. It was alleged interalia by the appellants-plaintiffs that the husband of the plaintiff No.1-Trilok Chand had purchased the land in question from Gram Panchayat, in an open auction held on 24/12/1983, and the Gram Panchayat had issued the patta in favour of him and handed over the possession. However, the respondents-defendants had made encroachment upon the said land, and therefore the suit was filed. The said suit was resisted by the respondents-defendants by filing the written statement, denying the allegations and contending interalia that the defendants were using the said land and the house constructed thereon since last more than 30 years and that the suit was liable to be dismissed.;