SATYA PARKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS an application under Order 6 Rule 17, Order 41 Rule 33 read with Section 151 CPC for amendment of plaint, framing of additional issues and for remand of the case for deciding the new issues.

(2.) THE facts in brief are that applicants are the plaintiffs, they had filed a suit for permanent prohibitory injunction with respect to land more specifically identified in the plaint. It is the case of the applicants that they and other tikadarans are in separate individual possession of their respective shares in the suit land which was broken up by the applicants and other proprietors of tika for cultivation and was also partitioned. The suit land never vested in Gram Panchayat nor in State of Himachal Pradesh and the mutations of vestment attested in favour of Gram Panchayat and later on in favour of State of H.P. are null and void.

(3.) THE applicants intend to make following addition by way of amendment: