MOMA BABA PEERZADA Vs. SAJA

JUDGEMENT

(1.) THIS civil revision is directed against the order of the learned District Judge, Pulwama, dated: 17 -11 -1981 dismissing an application of the petitioner/plaintiff for amendment of the plaint for impleading one Gani Thuker as a party in the suit.

(2.) IT appears that the petitioner herein had filed a suit for possession on the basis of right of prior purchase in the court of the learned Sub -Judge, Shopian, which came to be dismissed as far back as on 12 -6 -1974. While dismissing the suit, the learned trial court had observed in its judgment that Gani Thuker was not arrayed as a party by the plaintiff, who alongwith Wali were in possession of the said land, and without their presence, no effective decree could be passed in the case. An appeal was preferred against the said Judgment and decree of the learned trial court before the learned District Judge, Pulwama. While arguments were being heard by the learned District Judge in the said appeal, the petitioner filed an application for amendment of plaint for impleading Gani and Wali as parties in the suit. The learned District Judge rejected the said application and hence this revision.

(3.) HEARD learned counsel for the parties. The record was thoroughly examined.