CHANDER Vs. MOHINDER

JUDGEMENT

(1.) Aggrieved by order dated 4.10.2012 (Annexure P/4) passed by trial court, plaintiff no. 1 has filed this revision under Article 227 of the Constitution of India to challenge the said order.

(2.) Petitioner and proforma respondents no. 8 to 12 as plaintiffs have filed suit against respondents no. 1 and 2 as contesting defendants and against proforma respondents no. 3 to 7 as proforma defendants, interalia, seeking declaration that plaintiffs and proforma defendants are owners in possession of the suit land and contesting defendants have no concern therewith. The suit was filed on 1.9.2006. Some time in the year 2012, the plaintiffs sought amendment of plaint to challenge exparte decree dated 16.1.1989 passed in civil suit 723 of 1986 titled Panna versus Mann Singh etc. The said amendment application was dismissed by the trial court vide order dated 5.6.2012. Thereafter the plaintiffs filed application Annexure P/2 for permission to withdraw the suit with liberty to file fresh suit on the same cause of action.

(3.) Plaintiffs alleged in application Annexure P/2 that while filing affidavit of examination-in-chief of plaintiff no. 1-petitioner Chander, false documents including exparte decrees were traced and therefore, plaintiffs moved application for amendment of plaint after obtaining certified copies of the documents but the amendment application was dismissed. It is further alleged that without aforesaid documents, the suit may fail by reason of some formal defect.