ULLAS GUPTA Vs. SMT. SADHNA HAJELA AND OTHERS

JUDGEMENT

(1.) Interpolation of word and the relief clause of the typed copy of plaint presented to be included in the private paper book in First Appeal No. 295/2005 is the cause for present application under section 340 Code of Criminal Procedure, 1973.

(2.) The necessary facts are that one Tilak Pradhan (since deceased represented through legal representatives, respondents No. 4 and 5) and respondents No. 1, 2 and 3 filed a suit for declaration and permanent injunction in respect of property bearing survey No. 747 rakwa 16 biswa, survey No. 748 rakwa 1 bigha 8 biswa, survey No. 792 rakwa 3 bigha 5 biswa, survey No. 808 rakwa 4 bigha 15 biswa and survey No. 809 rakwa 1 bigha 4 biswa on 16/08/1993 which was registered as Civil Suit No. 5A/1993 (new No. Civil Suit No. 2A/2004).

(3.) On 08/05/1997, plaintiffs filed an application under Order 1, Rule 10 Code of Civil Procedure, 1908 for impleading present applicant, Ullas Gupta, as defendant No. 2A on the plea that during pendency of the suit, defendants No. 1 and 2 have transferred their rights in the suit property. The application was allowed on 26/03/19998. Thereafter plaintiffs filed an application under Order 6, Rule 17 Code of Civil Procedure, 1908 on 29/07/1998 seeking amendment in the plaint pleadings in form of paragraph. The application was allowed by order dated 22/02/1999. However, the record reveals that the amendment was not carried out in the original plaint.