SURJA RAM Vs. SOHAN LAL

JUDGEMENT

(1.) This is a revision petition by the defendants against the order of the Subordinate Judge III Class, Sirsa, dated 9th February, 1983.

(2.) Briefly, the facts are that the plaintiffs instituted a suit for possession by pre-emption, showing themselves as majors. While the evidence was being led it was discovered that Jagdish, one of the plaintiffs, was a minor at the time of filing the suit. In view of the mistake, an application was filed by the plaintiffs under Order 6, Rule 17, Code of Civil Procedure, for amendment of the plaint, stating that through inadvertence Jagdish, who was a minor on the date of filing the suit, was shown as a major in it. Consequently, a prayer was made that Jagdish be allowed to be shown as a minor in the plaint and Sohan Lal plaintiff No. 1, his elder brother be allowed to act as his next friend. It was contested by the defendants on the ground that the plaintiffs fully knew that Jagdish was a minor and, therefore, they prayed that the application be dismissed.

(3.) The trial Court held that there was nothing on the record to hold that Jagdish was shown as a major for deceitful purpose and that the mistake was by inadvertence. Consequently, it allowed the application for amendment on payment of Rs. 20/- as costs. The defendants have come up in revision to this Court.