BHAN SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) Plaintiffs are in revision petition aggrieved against the order passed by learned trial Court on 9.3.2009, whereby learned trial Court dismissed the application for amendment of the plaint so as to incorporate the challenge to the judgment and decree dated 21.7.1999 passed by learned first Appellate Court.

(2.) The plaintiffs have filed the suit for declaration challenging the judgment and decree dated 24.7.1995. Defendants have averred that the said judgment and decree dated 24.7.1995 has been affirmed by learned first Appellate Court on 21.7.1999. The application for amendment has been declined by learned trial Court on the ground that the application has been filed after delay and latches and such application has been filed when the case has been fixed for the evidence of the plaintiffs.

(3.) Learned counsel for the petitioners has vehemently argued that judgment and decree dated 24.7.1995 of the learned trial Court stands merged in judgment and decree dated 21.7.1999 and that amendment is only consequential in nature arising out of averments made by defendants in the written statement. It is pointed out that the plaintiffs were not party to the said decree, therefore, they was not aware of the judgment and decree dated 21.7.1999.