JANGSHER SINGH Vs. NARENDER SINGH

JUDGEMENT

(1.) THE matrix of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioners -plaintiffs Jangsher Singh son of Hari Singh and his wife Murti Devi (for brevity "the plaintiffs"), have instituted the civil suit (Annexure P1), against respondent -defendant Narender Singh son of Balbir Singh (for short "the defendant") for a decree of declaration to the effect that the adoption deed dated 31.12.1993 is illegal, null, void and not binding on their rights in any manner. The defendant contested their claim, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit. Having completed all the codal formalities, the trial Court dismissed the suit of the plaintiffs, by means of judgment & decree dated 18.8.2009.

(2.) AGGRIEVED thereby, the petitioners -plaintiffs have filed the appeal (Annexure P2). They have also moved a composite application (Annexure P4) for amendment of plaint under Order 6 Rule 17 and for leading additional evidence under Order 41 Rule 27 read with Section 151 CPC. The defendant refuted their prayer, filed the reply (Annexure P5), strongly denied all the allegations contained in the application and prayed for its dismissal.

(3.) THE appellate Court dismissed the pointed composite application of the plaintiffs, by virtue of impugned order dated 11.12.2010 (Annexure P6).