(1.) This revision petition clearly demonstrates how a technical approach to judicial matters results in total failure of justice for all concerned.
(2.) One Gokal filed a suit for declaration to the effect that he had become owner of share of the land comprised in Khata/ Khatauni No. 19/37, Khasra Nos. 12 and 19 measuring 23-13 bighas in Chak Rampur, Tehsil Arki, District Solan, H.P. by efflux of time as statutory period to redeem mortgage had expired and the right to redeem the mortgage stood extinguished. In the alternative it was prayed that he had become owner by way of adverse possession. Consequent relief of permanent injunction was prayed against defendants Nos. 1 & 2 restraining them from interfering in.the possession of the plaintiff over the suit land. This suit was filed before the trial Court, i.e. Sub Judge 1st Class, Arki on 17-8-1981. In this suit defendant No. 2 was described as follows : "Sh. Inder Datt, son of Shib Ram, resident of village Pakhred, Pargana Sandhurat, Tehsil Arki, District Solan, H.P."
(3.) An application for amendment of the plaint was filed even before the defendants were served. In the meantime, defendant No.