LALA AND ANOTHER Vs. RAM CHANDER

JUDGEMENT

(1.) This revision petition is directed against the order passed by the court below dismissing two applications for amendment of plaint and impleadment of additional defendant.

(2.) Learned counsel for the petitioners has argued that order passed by the court below is unsustainable. The trial court has not appreciated the law in correct perspective and dismissed the applications.

(3.) He has submitted that there was no proof of the fact that plaintiff Lala was also known as Rattan Singh and Ramesh alias Roop Ram was known as Kalu Ram. Plaintiff No.2 appeared as PW1 and did not make any such deposition. Even otherwise, amendment would be barred by proviso of Order 6 Rule 17 CPC. According to him, trial court has rightly dismissed the application U/O 1 Rule 10 CPC as sale deed dated 7.9.2006, stated to be executed in favour of Jai Karan Sharma, was prior to filing of suit.