Himachal Pradesh Court December 1978 Judgments

Hari Dass and ors. Vs. Kali Dass

Court: Himachal Pradesh

Reported in: AIR1979HP54

C.R. Thakur, J.1. This revision petition is directed against the order dated 19-5-1978, passed by Shri K. C. Negi, Sub Judge, Theog, dismissing the application under Order 6, Rule 17 of the Civil Procedure Code filed by Hari Dass defendant for amendment of the written statement. By the intended amendment he wanted to incorporate that the land covered by khasra number 669/1, measuring 16 biswas, was not pre-emptible in view of the provisions of Section 5 of the Punjab Pre-emption Act (shortly called the Act) as applicable to Himachal Pradesh. The Sub Judge dismissed the application on the ground that the Act applies to banjar land and it is not applicable to the sale of agricultural land being waste land reclaimed by the vendee under Section 5 (b) of the Act. He further observed that the applicant had not in any way said that the banjar land sold by the vendor was reclaimed by the defendant. The ground on which the amendment was sought was not necessary for the determination of the real...