SHIV RATAN SHARMA Vs. UMA BHARDWAJ @ UMA SHARMA

JUDGEMENT

(1.) THIS revision is directed against the order dated 21.07.2011, passed by Civil Judge (S.D.), Rishikesh, District Dehradun in O.S. NO. 329 of 2009, Smt. Uma Bhardwaj Versus Smt. Rani Devi and others, whereby the amendment applications of the plaintiffs/petitioners were allowed.

(2.) BRIEFLY stated the facts of the case giving rise to this revision are that the plaintiff/respondent No.1 moved amendment applications 81 -Ka and 96 -Ga in Suit No. 329 of 2009. The defendants/petitioners filed objection wherein it was alleged that the plaintiff/respondent wanted to withdraw an admission made by her earlier.

(3.) LEARNED counsel for revisionists drew attention of this Court towards the averments made in para Nos. 12, 13, 19, 20 and schedule of the property given in the plaint as well as towards para No. 29 of amendment application paper No. 81/Ka, wherein it is stated that the defendant No.2 was never owner of the disputed property or the property mentioned in the sale deeds dated 16.5.2008 in favour of defendant No.3 and dated 9.4.2009 in favour of defendant No.4 and he had no right, title or interest in the disputed property. The defendant No.1 had no right to sale, transfer and alienate the disputed property to defendant Nos. 3 and