BHOLA SAH Vs. PRITHIVI RAJ PRASAD

JUDGEMENT

(1.) THIS Civil Revision application by the defendants-petitioners is directed against the order dated 27.4.1998 passed by the IVth Subordinate Judge, Darbhanga, in Title suit no. 98 of 1986 by which he has allowed the amedment petition of the plaintiffs-opposite parties.

(2.) THE plaintiffs Opposite parties filed the aforementioned suit for declaration of title and recovery of possession by ejecting the defendants therefrom and also for realisation of arrears of rent. The suit was contested by the defendants -petitioner by filing written statement denying and disputing the title of the plaintiffs in the suit property. During the pendency of the suit, the plaintiffs filed an application under Order VI, rule 17 of the Civil Procedure Code and prayed for amendment of the plaint. By the proposed amendment the plaintiffs wanted to add some more person in the array of defendants. The plaintiffs further wanted to add some more acts in paragraphs 7, 13, 16 and 23 and further to add paragraph 26A in the plaint. From persual of the amendment petition, it appears that the plaintiffs have also challenged the sale deed executed by the defendants some time in the year 1992 and 1993. The court below after considering the amendment petition and the rejoinder came to the following conclusion :

(3.) FOR the aforesaid reasons, this application is allowed, the impugned order is set aside and the matter is remitted back to the court below with a direction to pass a fresh order on the amendment petition after hearing the parties and after considering the law laid down by the Supreme Court in the case of Radhika Devi vs. Raj Rangi Singh. (AIR 1996 S.C. 2358).