RAM KISHAN Vs. RATAN SINGH

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) In this petition the order of revisional court dated 1.12.2005 is under challenge. The revisional court has confirmed the order of trial court dated 25.3.2004 permitting an amendment in the plaint for adding relief of declaration in regard to a decree passed in earlier Suit No. 786 of 1996.

(3.) In the present Suit No. 26 of 1999 the respondent plaintiff No. 1 had moved for amendment in the plaint under Order VI, Rule 17, C.P.C. praying for addition of the aforesaid relief and also certain facts in regard thereto. The earlier Suit No. 786 of 1996 was between respondent Nos. 7 and 9 on one side as plaintiffs and 6 and 8 on the other side as defendants. The present petitioner and the respondent No. 1 were nowhere as parties to that suit. Obviously, any decree passed in the earlier suit are not concerning the present petitioner and respondent No. 1.