W.P.No.11241/2010
Ratan Lal Soni State of M.P. & others
6.9.2010
Shri S.P.Sinha and Shri Ashok Sinha, counsel for petitioner.
Shri T.S.Ruprah, learned Senior Advocate with Shri Harmeet
Ruprah, counsel for respondent no.3 to 17.
This petition is directed against an order dated 13.7.2010 by
which the petitioner’s application under Order 6 Rule 17 C.P.C., was
rejected.
Learned counsel for petitioner submitted that the proposed
amendment was necessary to decide the dispute between the parties.
The petitioner has taken alternative plea in the plaint, but the trial
Court erred in rejecting the application.
Learned counsel appearing for respondent nos.3 to 17
supported the order and submitted that the case of plaintiff was very
specific that the disputed house was constructed by the petitioner on
survey no.111/3 of village Chhota Chhindwara, but now the petitioner
wants to change the stand in respect of his possession on the land
survey no.109/2 and 111/2 of same village, which has been rightly
rejected by the trial Court.
From the perusal of pleadings, it appears that the plaintiff filed
a suit in respect of house which was constructed by the petitioner on
survey no.111/3. Now the petitioner wants to amend the pleadings
by taking an alternate plea that in case the house is found on survey
nos.111/2 or 109/2, even then the order passed by the Tehsildar
directing dispossession of petitioner from the disputed land be
declared as void. It appears that the plea raised by the petitioner is
an alternate. The trial has not commenced and only issues have
been framed. In view of aforesaid the petitioner is entitled for
amendment of pleadings. So far as belated filing of application is
concerned, for this purpose heavy cost can be imposed on the
W.P.No.11241/2010
Ratan Lal Soni State of M.P. & others
petitioner.
In view of aforesaid, the impugned order passed by the trial
Court rejecting the application of petitioner for amendment is set
aside and it is directed that the petitioner shall be permitted to amend
the pleadings, but on payment of costs, which we quantify Rs.1,000/-
(Rupees one thousand only) payable by the petitioner to the other
side within a period of thirty days from today. In case the cost is not
paid or deposited within the aforesaid period, the petitioner shall not
be entitled to amend the pleadings.
With the aforesaid, this petition stands finally disposed of.
C.C., as per rules.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
JUDGE JUDGE
M.