KANTA BHAGAT Vs. RANDHIR SINGH

JUDGEMENT

(1.) This is a civil revision which has been filed by the plaintiffs of the trial Court and has been directed against the order dated 6.2.1996 passed by the Court of Civil Judge (Junior Division), Jalandhar, who dismissed the application of the plaintiffs-petitioners under Order 6, Rule, 17 C.P.C. read with Section 151 of the said Code.

(2.) Brief facts of the case are that Smt. Kanta Bhagat and 7 others filed a suit for declaration to the effect that various sale deeds in respect of the land measuring 36 Kanals 21/4 Marlas comprised in different Khasra numbers of village Kingra, Tehsil Jalandhar, mentioned in the head note of the plaint alleged to have been executed by the Jalandhar Bank Employees Co-op. House Building Society Ltd., through defendant No. 1 Shri Randhir Singh, Ex-President of the said Society are illegal, void and without jurisdiction and those sale deeds do not pass any right title or interest to the vendees. Further declaration was sought to the effect that some of the sale deeds in respect of the part of the Khasra numbers mentioned in the head note of the plaint, situated in the head note of the plaint, situated in village Kingra, executed by defendants Nos. 3 to 19 in favour of defendants Nos. 2 to 34 are illegal, mala fide, without jurisdiction and do not pass any title conduct of the plaintiffs. The present application under Order 6, Rule 17, C.P.C., does not show as to who has moved this application and on what date. It has been filed in order to harass the defendants when the case is fixed for the evidence of the plaintiffs, who are interested to prolong the case. No amendment can be allowed to incorporate the facts which have occurred during the pendency of the suit. Change of Khasra Girdawari and putting up of the structure over the suit property is not part of cause of action. With the above defence, the respondent-defendants have prayed for the dismissal of the application.

(3.) After hearing the arguments, the learned trial Court vide the impugned order dated 6.2.1996 dismissed the application and the reasons given by the trial Court are incorporated in para No. 4 of the order, which is reproduced as under :-