JAGMAL SINGH Vs. IQBAL SINGH

JUDGEMENT

(1.) Instant civil revision petition, at the hands of plaintiffs, filed under Article 227 of the Constitution of India, is directed against the order dated 5.8.2017 passed by the learned trial court, dismissing the application of the plaintiffs under Order 6, Rule 17 read with section 151 of the Code of Civil Procedure ('CPC' for short), whereby amendment in the plaint was declined.

(2.) Heard learned counsel for the petitioners.

(3.) Admittedly, suit was filed by the plaintiffs on 15.4.1998. It was a suit for declaration with consequential relief of permanent injunction. This suit of the plaintiffs-petitioners was decreed ex parte vide judgment and decree dated 23.2.2005 passed by the learned trial court. Thereafter, defendants filed an application under Order 9, Rule 13 CPC for setting aside the ex parte decree dated 23.2.2005. Said application as well as appeal of defendant-Iqbal Singh was dismissed by the learned courts below. Finally, he approached this Court by way of Civil Revision No. 969 of 2015, which came to be allowed by this Court, vide order dated 11.1.2017. After setting aside ex parte judgment and decree dated 23.2.2005, this Court remanded the matter to the learned trial court.