JAGDISH CHAND SHARMA Vs. KANSHI RAM

JUDGEMENT

(1.) This order will dispose of Civil Revision Nos. 1048 and 1049 of 1999 involving common questions of law and facts. For facility of reference facts have been taken from Civil Revision No. 1048 of 1999.

(2.) The present revision petition has been filed against the order dated 19.12.1999 passed by the Additional District Judge (II), Faridabad, dismissing the application filed by the petitioner for amendment of the plaint before the Appellate court when the case was at the stage of arguments.

(3.) The petitioner herein filed a suit against the respondents for mandatory injunction seeking directions to defendant No. 1 to remove unauthorised and illegal construction from the property in dispute and to restore the same in its original position. The suit filed by the petitioner was dismissed by the trial Court against which appeal was filed in the Court of Additional District Judge, Faridabad. When the case was at the stage of arguments on merits, an application under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure was moved seeking amendment of the plaint in the following manner: That in fact Smt. Savitri widow of late Sh. Ami Chand died in the year 1972. It was on account of misapprehension and inadvertence that the plaintiff mention that Sh. Ami Chand died issueless without leaving any widow. It is even an admitted case of the parties that Smt. Savitri was alive at the time of death of her husband.