Manohar Lal Vs the Civil Judge J Dand Anr.

By this writ petition, the defendant-petitioner has challenged the order dated 13.3.2008 whereby his application under Order 6 Rule 17 CPC has been dismissed.

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Facts of the case, in brief, are that in a suit for injunction, the defendant-petitioner filed an application under Order 6 Rule 17 CPC to insert the ground of jurisdiction of the civil court in respect of the agricultural land and earlier to it, he has filed an application under Order 7 Rule 11 CPC wherein the same issue was raised and the same was dismissed on 9.4.2007. The trial court also considered that another suit has been filed by Shanta wife of Manohar Lal against Prem Lata in respect of the said suit property wherein the UIT has filed reply and submitted that the area in dispute is Abadi land.

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Submission of the counsel for the petitioner is that since it was a jurisdictional issue, therefore, the written statement ought to have been allowed to be amended.

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I have gone through record of the writ petition and

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2 CWP No.4194/2008R

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further considered the submissions made the counsel for the petitioner.

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In my view, the petitioner who has already raised the issue cannot be allowed to re-agitate the same issue again by indirect means of amendment of the written statement, more particularly when in another connected suit of Shanta Bai in respect of the same land, the U.I.T. has given reply that the land is Abadi land.

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The writ petition fails and the same is hereby dismissed.

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(PREM SHANKER ASOPA) J.

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गो pa ल

Manohar Lal v. the Civil Judge J Dand Anr.

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Manohar Lal v. the Civil Judge J Dand Anr.

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