SUCHA SINGH Vs. LAKHMIR SINGH

JUDGEMENT

(1.) An order of the trial Court allowing the plaintiffs to amend the plaint has been assailed by the defendants in this revision petition.

(2.) One Bhagwana, predecessor-in-interest of the plaintiffs, had created two mortgages in favour of Santu and Chhajju, predecessors-in-interest, of the defendants, one on May 25, 1923 and the other on June 30, 1927. The plaintiffs filed a suit for redemption of the mortgages against the defendants. During the pendency of this suit the plaintiffs came to know that Bhagwana had himself redeemed these two mortgages on September 18, 1946 and on the same day he had again mortgaged the land in dispute in favour of the same mortgagees for Rs. 2,000/-. The plaintiffs thereupon applied for amendment of the plaint in order to bring these facts on record and to get the relief of redemption of mortgage created by Bhagwana on September 18, 1946.

(3.) The trial Court, holding that the parties are the same and the suit land is also the same, allowed the plaintiffs to amend the plaint.