Pushpendra Singh Bhati, J. - (1.) Petitioner has preferred this writ petition with the following reliefs:- "1. That the impugned order dated 05.10.2016 passed by the learned Additional Civil Judge (J.D) Merta, in Civil Original No.235/2015 titled Manju Lata v. Prahlad and Ors. may kindly be set aside. Application (Annexure-5) filed in the matter may kindly be allowed as a whole. 2. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. 3. Costs of the writ petition may kindly be awarded to the petitioner."
(2.) Learned counsel for the petitioner has argued that the petition is seeking amendment in the suit as he is entitled for the easementary rights and unless the prayer is expanded the complete relief to the petitioner shall not be available.
(3.) Learned counsel for the respondent has opposed the submissions with a categorical argument that the petitioner was supposed to exercise due diligence as the facts regarding easement were known to the family since last 200 years and the petitioner cannot be permitted to invoke the Order 6 Rule 17 of CPC at this stage.;