SARJAN AND ANOTHER Vs. BIMLA AND OTHERS

JUDGEMENT

(1.) By way of this petition, the petitioners have challenged order dated 03.09.2016, passed by the Court of learned Civil Judge (Senior Division) , Court No. (1) , Rohru in CMA No. 2476 of 2016 in Civil Suit No. 1831 of 2009, vide which an application filed under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure by the present petitioners for amendment of the plaint stood rejected by the learned Court below.

(2.) Brief facts necessary for the adjudication of the petition are that petitionersplaintiffs (hereinafter referred to as "the plaintiffs") filed a suit for declaration that they alongwith proforma defendants in the suit were absolute owners in possession of land comprised in Khata Khatauni No. 46/96, bearing Khasra No. 5, 364, 407, 408, 409, 477, 490, 491, 575, 759, 761, 766, 776, Kitas 13, measuring 022082 hectares, 46/97 Khasra No. 562, 563, 566, 573, 764, 782, Kitas 10 measuring 01 4082 hectares, Khasra No. 403/1, 488, 574, 762, Kita 4, measuring 00 3131, Khata Khatauni No. 46/98, Khasra Nos. 565, 406, measuring 22 2329 hectares, situated in revenue Chak Sondari, Tehsil Chirgaon, District Shimla, H.P. and that defendants No. 1 to 3 had no right, title or interest over the suit land and also for consequential relief of permanent prohibitory injunction restraining defendants No. 1 to 3 from effecting sale, creating mortgage or charge or making any encumbrance over the suit land.

(3.) This suit upon remand by this Court, is still pending adjudication before the learned trial Court. After remand of the matter by this Court to the learned Trial Court, an application was filed by the plaintiffs praying for amendments in the plaint. The proposed amendments were as under: