BAJRANG LAL Vs. MAGRAJ

JUDGEMENT

(1.) THIS is a revision application by the defendant against an appellate order of the District Judge, Jhunjhunu, purporting to confirm an order of the Civil Judge allowing an amendment of the plaint.

(2.) THE brief facts of the case relevant for the disposal of this revision application are these. THE defendant took 4 properties on lease on 1-1-66 from a joint Hindu family consisting of 3 brothers Ramkumar, Durgadutt and Magraj of whom Ramkumar was the Karta. Ramkumar filed the present suit as Karta for ejectment on 6-3-67 on the ground of personal necessity of himself and other members of the joint family. During the pendency of this suit a partition took place amongst the brothers as a result of which two of the properties in suit fell to the share of Durga Dutt and the other two fell to the share of Magraj. Durga Dutt and Magraj therefore applied for permission to continue the suit after suitable amendment of the plaint. This application was opposed by the defendant but was allowed by the trial court on 20-2-68.