(A) Code of Civil Procedure, 1908 – Order 6 Rule 17 – Amendment of Pleadings – If OP right is confined to answer the amended pleadings only – The defendants had changed the entire pleadings while filing the reply to the amended plaint – Whether a party can amend the entire pleadings after the other party has amended its pleadings or the right of the party is confined to the answer to the amended pleadings is the question – Held: When the plaintiff is allowed to amend his plaint, the defendant is entitled to amend his written statement. However, the scope of amendment available to the defendant is confined to the amendment effected in the plaint. The position of the law is clear that the legal representative has to proceed from the stage where the lis was pending. They cannot set out an independent claim. Thus, they were not entitled to file the additional written statement contrary to the written statement filed by their predecessor. (Para 1, 18, 21, 28)
(B) Adverse Possession – Long Possession not amount to adverse possession – Defendant come to know that he is in possession of plaintiff land only after demarcation – Means he did not know that he was in possession of the land of the plaintiffs and this fact came to the knowledge of the defendants only after the demarcation – Held: In the absence of any plea of the adverse possession, the plea taken by the legal representatives regarding their possession being adverse and in denial of the title of the real owner from the time of their predecessor could not have been accepted. (Para 30, 42)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 198 HP
Ram Rattan And Another Vs. Shanti Devi And Others
RSA No. 382 of 2007-Decided on 22-9-2023
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