RUBI SOOD Vs. VIJAY KUMAR SOOD

JUDGEMENT

(1.) THIS application has been preferred by the applicants/respondents under Order 6 Rule 17 read with Sections 151 and 153 CPC or in the alternative under Order 23 Rule 1 CPC with the prayer that the applicants -plaintiffs be allowed to amend the plaint or in the alternative the plaintiffs be allowed to withdraw the suit with permission to file fresh on the same cause of action.

(2.) IT is averred by the applicants -plaintiffs that they are owners of 1/4th undivided share in Shop No. 72, Lower Bazar, Shimla standing built upon land comprised in Khasra No. 313, Bazar Ward, Barra Shimla and during the course of arguments in the case, it was found that due to an oversight and inadvertent mistake, history and background of the title of the plaintiffs was not been given in the plaint, though evidence was led in this behalf which is a technical defect in the pleadings of the plaintiffs. It is further averred that the plaintiffs are owners of 1/4th share in the shop in question through their predecessors -in -interest late Shri Kedar Nath Sood and Shri Sansar Chand Sood. During the pendency of the case, the original plaintiff No. 2 and 3 have died and their legal representatives have been brought on record. Similarly, original defendant No. 1 and 2 have also died and name of defendant No. 2 has been deleted from the array of the defendants and legal heir of original defendant No. 1 has been brought on record as appellant No. 1.

(3.) IT is also averred that due to subsequent developments in the wake of death of parties, the plaintiffs want to make consequential amendments in Para 1 of the plaint to bring the pleadings in consonance with latest memo of parties by deleting the last two lines of Para 1 of the plaint and substitute it with following lines: -