Subsequently after filing of suit i obtained imp proof.

Sadanand B. Panchal (Querist) 30 September 2012 This query is : Resolved
Respected Experts,
Status:
1) My Civil Suit for obtaining order of Hon’ble Court for declaration that the sanctioned Plan and I.O.D. bearing no. XXX of 2006 approved by the Department of the Defendant (B.M.C.) be null and void and not binding upon the Plaintiffs and liable to be revoked is pending. Notice of Motion is on board of hearing last two months.
2) In my Suit as per Property Register Card I have stated that the Defendant no.1 is present owner of the land where suit open space situated and as per this situation I have prayed for obtaining injunction restraining Defendant no.1 from obstructing my right of access.
3) Subsequently at the stage of hearing of my N/M, I found that the Defendant no.1 is not owner of the land. I obtained the strict proof to prove that the property land is not transferred in the name of Defendant no.1 though there is Entry in the Property Register Card. But I have already stated in my Plaint that the Defendant is the owner of the land.
Now I am facing difficulty that how at this stage can I say to the Court that the Defendant no.1 was and is not owner of the land?
Please advise me what to do so that the Court will take the record of the documents proving the Defendant no.1 is not the owner of the land in question.
Whether I have to carry out amendment? Under which ground?
Since I have filed the Suit in person, therefore I require this advice.
Regards,
Sadanand B. Panchal

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Raj Kumar Makkad (Expert) 30 September 2012
You shall have to move an application under 6 Rule 17 read with section 151 of CPC stating therein that you have recently during the pendancy of the suit have come to know about the fact that the defendant no. 1 is not owner of the property.