GOPAL KISHAN Vs. NIRMALA DEVI

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 5th january, 1996 passed by Additional District Judge, Delhi, vide which suit for possession filed by Smt. Nirmala Devi (Since Deceased) was decreed.

(2.) THE brief facts of this case are that in the year 1970, Smt. Nirmala devi (since deceased), filed a suit for mandatory injunction against the present appellants as well as other four persons.

(3.) DURING the course of the trial, Smt. Nirmala Devi filed an application under Order 6 Rule 17 of the Code of Civil Procedure (for short as 'code') for amendment of the plaint as the suit was sought to be amended from mandatory injunction into a suit for possession and mesne profits. The Civil judge dismissed that application on 31st August, 1976, but review petition filed against that order was allowed on 28th October, 1976. Thereafter, appeal was filed against order dated 28th October, 1978 and that appeal was allowed on 30th November, 1978, whereby the review petition was dismissed.