SANDHADEBITHAPA Vs. ANJALIDEBI THAPA

JUDGEMENT

(1.) These two civil misc. applications bearing Nos. 49 of 2001 and 51 of 2001 are heard analogously and disposed of by this common order.

(2.) The plaintiff-respondent in both the applications filed a suit for declaration of title and mandatory injunction against the respondents-petitioner. Now the stage of the suit is at the second appeal stage. Originally the suit was decreed and in decree came in appeal and in second the appeal suit was remanded. The suit was again decreed after remand. Against the decree both the plaintiffs and the defendants filed appeals and both the appeals were decided in favour of the plaintiffs. Now the defendants have filed two second appeals which have been registered as R.S.A. No. 15/2000 and R.S.A. No. 16/ 2000. In the midst of hearing of the aforesaid two appeals which arose out of the same original decree, the plaintiff-petitioner herein has filed two separate applications praying for the same relief i.e. amendment of the plaint.

(3.) The proposed amendment is in respect of schedule of the suit land appended to the plaint. The proposed amendment is reproduced below:-