JAI SINGH AND OTHERS Vs. BIMLA AND OTHERS

JUDGEMENT

(1.) Aggrieved by the dismissal of the applications filed under Order 6 Rule 17 and Order 1 Rule 10 of the Code of Civil Procedure, the legal heirs of the 1 st defendant Chander Singh preferred the present Revision.

(2.) The suit was filed by the plaintiffs praying for partition and separate possession of the suit properties way back in the year 1980. Preliminary decree for partition was passed by the trial Court on 19.11.1990. The final decree was passed on 09.02.1991, on the basis of the report submitted by Local Commissioner. In the appeal preferred by the Revision petitioners and others before the Appellate Court, the application seeking to amend the written statement and also to implead the Gram Panchayat was filed.

(3.) The Revision petitioners sought to introduce two aspects in the written statement. One is that there was a compromise arrived at between the parties and as a result of which there was an oral exchange of properties. The second aspect is that a Gali is running in plot No.53 and Killa No.22/28 and, therefore, the Gram Panchayat who is a as proper and necessary party be impleaded in the suit.