L JAGDISH SARAN Vs. BHAGWAT SARAN

JUDGEMENT

(1.) This application in revision is directed against an order of Mr. V. Prakash, Civil Judge, dismissing an application filed by the plaintiff-applicants for certain additions to be made in the description of some of the persons arrayed as defendants to the suit. The plaintiffs in the suit were Jagdish Saran and Shiam Saran who are real brothers. Bhagwat Saran defendant 1 is the step-brother of the two plaintiffs named above. On the date of the institution of the suit Bhagwat Saran had four sons. It is not disputed that the plaintiffs did intend to implead those four sons also as defendants to the suit. There was however much controversy between the parties as to the correct names of the sons. Two of the sons of Bhagwat Saran are admittedly named Dharam Prakash and Sat Prakash and their names were correctly given in the array of the defendants. The controversy between the parties centred round the question as to what were the correct names of the remaining two sons of Bhagwat Saran. In the plaint these two sons were described as "Prem Prakash alias Ved Prakash" and Om Prakash. It however appears that in a previous litigation between the father of the plaintiffs and Bhagwat Saran it was decided that one of the sons of Bhagwat Saran who was named Om Prakash was dead. There is therefore reason to believe that Om Prakash was not alive on the date of the institution of the present suit and that the name of one of the living sons of Bhagwat Saran as given in the plaint was incorrect.

(2.) It is however clear that much confusion was caused by the similarity between the names of the five sons of Bhagwat Saran, but there can be no doubt that the plaintiffs as well as Bhagwat Saran and his sons must have been cognizant of the fact that the suit was directed against Bhagwat Saran and his surviving four sons. In order to remove the misapprehension that might exist, and with a view to set at rest future controversy on the question, the plaintiffs filed an application praying that as against the name of "Prem Prakash alias Ved Prakash" it be noted that he is the eldest son of Bhagwat Saran and his name is entered in the school register as Ved Prakash. Further the plaintiffs prayed that against the name of Om Prakash, who was im-pleaded as defendant 3 in the suit, it be noted that he is the son of Bhagwat Saran who is reading in the Hindu school and has been wrongly described as Prem Prakash at the instance of Bhagwat Saran.

(3.) This application of the plaintiffs was successfully opposed by the defendants. Mr. V. Prakash rejected the application of the plaintiffs on two grounds. Firstly he held that the application was belated and secondly he held that if the "amendment" prayed for by the plaintiffs was allowed, it would adversely affect the rights of Ved Prakash against whom twelve years limitation had already run out as this new description of defendant 2 might cover Ved Prakash and the new description of defendant 3 may become applicable to Prem Prakash,