S.B. Civil Writ Petition No. 2294/2008. Case: Shyam Lal and Others Vs Champa Bai and Others. Rajasthan High Court
| Case Number | S.B. Civil Writ Petition No. 2294/2008 |
| Judges | Vineet Kothari, J. |
| Issue | Code of Civil Procedure, 1908 - Order 6 rule 17; Constitution of India, 1950 - Article 227 |
| Judgement Date | December 03, 2009 |
| Court | Rajasthan High Court |
Judgment:
Vineet Kothari, J.
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Heard learned counsel.
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This writ petition appears to have been filed aggrieved of the order dated 10.7.2007 whereby the learned trial court rejected the application of the plaintiff under Order 6 Rule 17 Code of Civil Procedure, 1908 for amendment in the suit for partition.
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The learned trial court has, in detail, narrated that the earlier suit for partition itself was decreed on 31.1.1950, about 60 years back from now and after final decree, the sale of portion which fell in the share of present respondent, LRs of Jasraj and was sold and to implead the purchasers of said sold portion, the present petitioners filed the application under Order 6 Rule 17 Code of Civil Procedure, 1908 which was rejected by the learned trial court referring to the entire history of the case.
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The learned trial court has also observed that earlier also such amendment application dated 14.7.1992 was rejected by the learned trial court on 20.8.1992 against which a revision petition namely S.B. Civil Revision Petition No.540/1992 was filed in this Court and that was also dismissed as withdrawn. However, the petitioners again filed amendment application under Order 6 Rule 17 Code of Civil Procedure, 1908 which has been rejected by the learned trial court by the impugned order dated 10.7.2007.
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Having heard learned counsel for the respondents and in the facts and circumstances of the case, this Court is of the opinion that the impugned order of the learned trial court dated 10.7.2007 cannot be said to be suffering from any error of law. The petitioner- plaintiffs appear to be in habit of...
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