SANWALIA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners have filed a suit for declaration and injunction claiming that 1 Bigha 2 Biswas land was a "Mazar" and that it was never acquired by UOI. The UOI opposed it on the plea that land was transferred by it to DDA.

(2.) Petitioners allege that UOI had taken a contradictory stand in some allied Suit No. 572/90 asserting that suit land was transferred to CPWD on 14.2.1986. Upon this they moved an application for amendment of plaint and for production of documents related to that Suit No. 572/90. Trial Court rejected their application and imposed a cost of Rs. 3,000.00 by impugned order dated 27.10.1998 and hence this revision.

(3.) Trial Court's rejection proceeds on the basis that petitioners had failed to give particulars of land forming subject-matter of Suit No. 572/90 rendering the proposed amendment vague.