RAMRUP PANDEY Vs. KAMLA PRASAD SINHA

JUDGEMENT

(1.) The appellant is the defendant and the appeal is directed against the judgment of affirmance of the learned 3rd Additional Subordinate Judge, Siwan.

(2.) The litigation arose in the following circumstances: Plot Nos. 3891 and 3890 appertaining to Khata No. 683 of Mauza Siwan belonged to the appellant Ramrup Pandey. These two plots adjoins each other. Plot No. 3892 also adjoins plot No. 3891. By a registered deed of sale dated 14-10-1963 the plaintiff purchased the southern portion of plot 3891 measuring 17 dhurs and the northern part of plot 3892 measuring 12 dhurs from defendant No. 1. After this purchase the plaintiff constructed his house on the purchased portion of plot 3891. The suit land has been described in the plaint and they stand marked by two rectangular figures ABCD and EFGH. The dimensions of the rectangle ABCD is 3 ft. east to west and 9 ft. north to south. The dimensions of the figure EFGH is 3 ft. north to south and 138 ft. east to west. The total area of these two figures have been shown as 5 1/2 dhurs and this is the suit land.

(3.) This suit was filed in the year 1964. On 29-9-1969 the plaintiff put in a prayer for amendment of the plaint to the effect that the suit land was a public Rasta and that the plaintiff was suing in representative capacity as contemplated in Order 1, Rule 8 of the Code of Civil Procedure. By order dated 27-11-1969 the prayer for amendment of the plaint was allowed on payment of Rs. 32 as cost to the defendans which amount was paid to the lawyer for the defendants and accepted by him. The plaint was amended and on an opportunity being given to the defendants they filed additional written statement as well. Notice as contemplated under Order 1, Rule 8 of the Code of Civil Procedure was issued and published duly.