JEET RAM Vs. AMAR NATH

JUDGEMENT

(1.) Aggrieved by the order, dated 14.12.2017, passed by the learned first appellate court, whereby application of the plaintiffs/petitioners for amendment of the plaint under Order 6 Rule 17 CPC has been rejected, the plaintiffs/petitioners have filed the instant revision petition.

(2.) The plaintiffs filed a suit for permanent prohibitory injunction restraining the defendants/respondents from causing any interference in the suit land denoted by Khewat No. 32min, Khatauni No.92, Khasra Nos. 92 and 97, Kitas-?2, measuring 0-?18-?12 hectares and the land denoted by Khewat No. 33, Khatauni No.93 min, Khasra No. 45, measuring 0-?29- 85 hectares, situated in Chak Basa Mahog, Tehsil Theog, District Shimla on the allegation that they have purchased the suit land.

(3.) The defendants contested the suit by filing written statement as also counter claim, wherein it was claimed that they were in continuous, peaceful and uninterrupted use and occupation of the land/apple orchard including Khasra Nos.9, 19, 45, 92 and 97 for the last more than 23 years and sought, by way of counter claim, declaration of ownership qua the aforesaid Khasra numbers.