BHAGAT RAM Vs. BACHANA

JUDGEMENT

(1.) THIS Revision Petition is directed against the order of the Sub Judge Ist Class, Nalagarh dated 4.10.2001 passed in Civil Suit No.414/1 of 1998 whereby he has rejected the application filed by the petitioners herein for amendment of the replication-cum-written statement to their counter claim.

(2.) THIS case has rather unusual facts. The petitioners herein filed a suit before the learned trial Court. This suit was filed under Order 1 Rule 8 CPC for the benefit of the general public of village Jattimajra, Pargana Dharampur, Tehsil Nalagarh, District Solan.

(3.) THE respondents filed written statement and their stand was that the plaintiffs and the other villagers have no connection with the well in question. According to the respondents the well had been constructed by their father Thakaria some time in the year 1941 by spending more than Rs.500/- in silver coins. It was further submitted that this well was constructed in the land which previously bore khasra No.74 and was now khasra No.76. According to the defendants the entries showing Karam Chand to be part owner of this khasra number were manipulated and illegal.