DHARAMPAL Vs. RAM JAWARI

JUDGEMENT

(1.) This defendant's revision is directed against the order dated March 4th, 2008 passed by Additional Civil Judge (Senior Division), Kaithal, whereby, application filed by the petitioners for amendment of the decree was dismissed.

(2.) Ratti Ram and others (Respondents herein) filed civil suit No. 332 of 1996 before Civil Judge (Senior Division), Kaithal against the petitioners herein with regard to land measuring 38 kanals 5 marlas situated in village Sirsal, Tehsil Kaithal, District Kurukshetra owned by Nanhi-defendant No. 1. During pendency of the suit, Nanhi died. The petitioners filed counter-claim seeking decree for possession of the suit land on the basis of a decree dated March 31st, 1989 suffered and a Will executed by Nani in their favour. By judgment dated April 7th, 1998 Civil Judge (Junior Division), Kaithal dismissed the suit filed by the respondents-plaintiffs and accepted the counter claim filed by the petitioners-defendants. Operative paragraph whereby counter claim of the petitioners was accepted reads as under :-

(3.) The decree was drawn. The relevant portion of the decree is reproduced as under :-