RAJESHWAR SINGH GOUTAM Vs. STATE OF C G

JUDGEMENT

(1.) This is Plaintiffs first appeal under Section 96 of the Code of Civil Procedure against the order dated 29-6-2009 passed by 3rd Additional District Judge (FTC), Raigarh in Civil Suit No. 33-A/2007 whereby and whereunder while rejecting the Plaintiffs application for permission to correct the mistakes regarding signature of Plaintiff No. 2 on the plaint, allowed the application filed by the Defendant No. 2/Respondent No. 2 under Order 4 Rule 1 read with Section 151 of Code of Civil Procedure and rejected the suit as not maintainable.

(2.) Brief facts of the case are as under:

(3.) The Plaintiffs instituted a suit claiming relief of declaration of title and permanent injunction against the Defendant. Both the Plaintiffs had put their signatures over the plaint. Plaintiff No. 2 Virendra Singh Goutam, in his evidence although deposed in detail in order to prove plaint allegations but deposed the plaint does not bear his signature.