- (1.)The petitioner has filed the present petition under Article 227 of the Constitution of India against the order dated 15th March, 2013 passed by the learned Civil Judge (West), Tis Hazari, Delhi, in Suit No.744/2006, whereby the petitioner/plaintiff's application under Order VI, Rule 17 read with Section 151 CPC was dismissed.
(2.)The main reason stated in the application for amendment of plaint was that in the month of February, 2012 when the petitioner was undertaking repairs in his ancestral house, he found that his father was also declared asami over the suit land. Therefore, it had become necessary for the petitioner to amend the plaint by filing of the application under Order VI, Rule 17 CPC for the purpose of proper adjudication of the suit.
(3.)Originally, the suit was filed by the petitioner/plaintiff for declaration and permanent injunction, on the ground that the respondent/defendant is trying to dispossess him from the suit property without any reason, as the petitioner has been in continuous and exclusive possession of the suit property. It was also stated in the plaint that no notice was served upon the petitioner which was mandatory therefore the act of the respondent was illegal. In the prayer of the suit, the declaration was sought by the petitioner that he became owner of the suit property by way of adverse possession and prayed for permanent injunction against his dispossession by the respondent, mainly, on the ground that his possession is adverse to the Government.