SHIV MANDIR PRABHANDHAK COMMITTEE Vs. PIARA SINGH

JUDGEMENT

(1.) (Oral) CM No. 17351.CII of 2013 Heard. This is application for impleading legal representative of Inder Pal Passi petitioner no. 2 since deceased. It is alleged that petitioner no. 2 has left behind his wife Shashi Bala as his sole legal representative. The application is accompanied by affidavit. Accordingly, the application is allowed subject to all just exceptions and Shashi Bala mentioned in paragraph 2 of the application is ordered to be impleaded as legal representative of petitioner no. 2 since deceased for the purpose of this revision petition. Amended memo of parties annexed with the application is taken on record subject to all just exceptions. CR No. 1225 of 2011 Defendants no. 1, 2, 6 and 7 have filed this revision petition under Art. 227 of the Constitution of India impugning order dated 29.9.2010 Annexure P/5 passed by the trial court thereby allowing application Annexure P/3 filed by respondents no. 1 to 3/plaintiffs for amendment of their plaint Annexure P/1.

(2.) Plaintiffs have inter alia pleaded in the plaint that the suit land was given to defendants as licencees for placing Idols for a small period and the licence has been terminated. The plaintiffs inter alia sought mandatory injunction directing the defendants to remove the Idols and illegal construction from the suit land. Plaintiffs also sought permanent injunction restraining the defendants from raising any construction in the suit land.

(3.) By way of amendment, the plaintiffs want to correct the area of the suit land from 6 kanals 3 marlas to 6 kanals, besides correcting khatauni numbers as 72 and 74 instead of 73 and 74. Plaintiffs also want to add relief of possession of the suit land. Some other minor amendments are also sought to be made. Besides it, paragraph 28A is also sought to be added to claim relief of possession.