The appellant filed a suit 6.3.2000, for seeking a permanent and mandatory injunction against the respondents in respect of the plot of land situated at Amet in Rajasmand, restraining the respondents defendants from raising any companystruction on the souther side of the said plot.
An application for amendment of the plaint was filed purported to be in terms of the Order 6 Rule 17 of the Code of Civil Procedure CPC , in terms whereof three long paragraphs were sought to be added after paragraph 3.
In the said application for amendment, the appellant sought to make out absolutely a different case that the parties herein entered into an agreement, pursuant whereto the defendants agreed number to raise any companystruction towards the south side of the land in question.
This appeal is directed against the judgment and order dated 18.10.2006 passed by a Division Bench of the Hight Court of Judicature at Rajasthan at Jodhpur in Second Appeal Writ NO.
This land is said to have been purchased by the appellant, which allegedly was left to be open for use and thoroughfare.
627/2006, whereby and whereunder the writ petition filed by the appellant against the order of the Trial Judge rejecting an application for amendment, was dismissed.
Thereafter, a review application was filed on 27.11.2002 which was rejected by an order dated 2.6.2006.
The said application for amendment was rejected by the learned Trial Judge by his order dated 10.10.2002.
A revision application filed by the appellant thereagaisnt was disposed of giving liberty to the appellant to file a review application.
The defendants filed the written statement on or about 17.5.2001.
O R D E R Arising out of SLP C No.
The suit was filed on 6.3.2000.
It is difficult to companyprehend as to how the order of the learned Trial Judge companyld have been the subject matter of a review.
113/2007 Leave granted.
