RATAN LAL Vs. CHANDU MAL AND ORS.

JUDGEMENT

(1.) The present second appeal under Sec. 100 of the Civil Procedure Code has been filed by the plaintiffs -appellants -landlords against the judgment and decree of the learned appellate court dated 15.12.2005 in Civil Appeal No. 36/2005 - Chandumal & Ors. v/s. Ratanlal (deceased) through his LRs" by which, the learned First Appellate Court of Addl. District Judge No. 2, Bhilwara to the extent of eviction of the defendants, set aside the judgment and reversed the eviction decree dated 24.05.1994 passed by the Munsif Magistrate (West), Bhilwara in Civil Original Suit No. 69/1978 "Ratan Lal v/s. Chandu Mal & Anr." by which, the learned Trial Court, while allowing the suit of the plaintiff on the ground of default in payment of rent and bona fide necessity of the plaintiff, directed eviction of the defendants from the suit property, a shop situated at Bhopalganj, Main Road Sadar Bazar, Bhilwara.

(2.) The appellants -plaintiffs have also challenged the order dated 17.11.2004 passed by the learned District Judge, Bhilwara in Civil Appeal No. 96/1994 "Chandu Mal & Anr. v/s. LRs of Ratan Lal & Anr." on the application filed under Order 6 Rule 17 CPC by the appellants seeking amendment in the plaint to assert the need of Dalpat Singh in place of the deceased plaintiff -Ratan Lal but the learned District Judge, Bhilwara had dismissed the aforesaid application and declined permission to amend the plaint on the ground that if the application is allowed, the nature of the suit would be changed.

(3.) Being aggrieved by the order dated 17.11.2004, the appellants had filed the Review Petition under Order 47 Order 1 CPC which also came to be dismissed by the learned Additional District Judge No. 2, Bhilwara by its impugned order dated 24.10.2005 passed in Civil Misc. Case No. 64/2005 "Ratan Lal (since deceased) through his LRs. v/s. Chandu Mal & Ors."