Jharkhand High Court
Kalyani Goel Alias Smt Kalyani Goel vs Manu Ram And Ors on 4 January, 2016
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 5608 of 2013
Kalyani Goel @ Smt. Kalyani Goel, wife of Krishna Mohan, resident
of Chatti Bazar, Gola Road, Ramgarh Cantt, PO/PS Ramgarh, Dist.
Hazaribagh now Ramgarh
...Petitioner
Versus
Manu Ram & Ors. ... Respondent
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : None
For the Respondent : None
04/04.01.2016Vide order dated 16.06.2015, the writ petition was dismissed in default. The counsel for the petitioner remained absent on previous occasions when the writ petition was dismissed by this Court. Subsequently, the application for restoration of the writ petition vide C.M.P. No. 204 of 2015 was allowed on 27.11.2015. Today on second call also, counsel for the petitioner is absent.
2. Aggrieved by order dated 11.06.2013 in Title Suit No. 15 of 2005 whereby, the application seeking amendment in the written statement has been rejected, the present writ petition has been filed.
3. It appears that after the parties closed their evidence, application under Order VI Rule 17 C.P.C. was filed by the petitioner/defendant seeking incorporation of the following facts:
"I. After the paragraph No. 17 of written statement, a new para 17A be added as II. That Janki Sao, the grand father inlaw of defendantSmt. Kalyani Goel had been living in Ramgarh since before 1919 and used to deal his business there living in the suit house. Janki Sao had no other house to live in house at Ramgarh. Thus remaining in the suit house Janki Sao got Hukumnama from the Exlandlord Amul Ratan Goswami S/o Jatil 2 Chandra Goswami in the year 1920. Since, Jatil Chandra Goswami was old sick person and seriously suffering from various ailment in 1920 and used to remain on bed. In such situation Jatil Chandra Goswami was then not able to do any Jamindari work. Jatil Chandra Goswami had two sons namely, Amul Ratan Goswami and Bhutnath Goswami. Amul Ratan Goswami was adult in the year 1920 and his younger brother Bhutnath Goswami was minor, so all the Zamindari, work in Ramgarh was dealt and performed by Amul Ratan Goswami. That is why the Hukumnama was given to Janki Sao for the suit land by the Exlandlord Amul Ratan Goswami in the year 1920. Janki Sao living peacefully over the suit land and exercising various act of possession thereon had executed Registered deed of Mortgage a some partition of the suit land to one Shyam Jee Amba Ram of Ramgarh on dated 08.03.1940."
4. From the aforesaid proposed amendment it is apparent that an entirely new plea has been sought to be incorporated by the defendants in the written statement. In application dated 01.07.2011 the petitioner has asserted that during course of evidence she could know about certain old documents which would narrate the history and the possession of the ancestors of the defendant. About 7 years after the title suit was instituted and the parties adduced evidence in the suit, to fill up lacuna in the case, amendment in the written statement cannot be permitted.
5. I find no merit in the writ petition and accordingly, it is dismissed.
(Shree Chandrashekhar, J.) Amit/N.A.F.R.