UDAY UMESH LALIT,J. - (1.) Leave granted
(2.) Civil Suit No.195 of 1968 filed by respondent No.1 for declaration on the basis of reversionary rights was decreed ex-parte against the predecessor-in-interest of the present appellants. After having come to know about such ex parte decree dated 30.06.1969, present suit was filed by the appellants for setting aside said decree.
(3.) The appellants pleaded in the suit that the file in respect of Civil Suit No.195 of 1968 was not traceable in the record room. Issues were framed and thereafter two official witnesses were examined, at which stage the appellants preferred an application seeking amendment of the plaint. The amendment sought by the appellant was as under: "3-A. That the perusal of the copy of the order/judgment dated 30.06.1969 and decree shows that the defendant No.1 filed that suit in the year 1968 deliberately without giving all the particulars of the land at that point of time in the plaint in spite of the fact that consolidation of holding did take place in the year 1961-1962 and gave the old numbers before the consolidation with ulterior motive. Since old numbers were in existence at the time of filing of the suit, an ex parte decree has been procured by suspension of the material facts. a) Land measuring 48 kanals 7 marlas entered at rect. No.39, Killa No.19/2, 12, 19/1, 18/2, 10, 23, rect. No.38, killa No.5, 6/1, rect. No.60, killa No.2/1min. b) Land measuring 36 kanals 16 marlas entered at rect. No.38, kill No.16/2, 25/1, 14/2, 6/3, 24, 15/1, rect. No. killas No.14, 15/1. c) Land measuring 68 kanals entered at rect. No.213, killas No.16/2, 14, 15, 17/1, 16/2, rect. No.114, killa No.11, 12, 10, 9, rect. No.212, killa No.21, rect. No.92, killa No.5. It may also be mentioned here that the suit filed by Buta Singh, defendant No.1 alone as shown in the copy of the order/judgment and decree of civil suit No.195 of 1968 without impleading all the legal heirs of vendor Mehnga Singh and when the 2nd suit was filed after the death of Mehnga Singh which was pending before the court of Sh. Rajesh Garg, no detail of the vendees and their successors in interest has been given in the plaint. At the most if the decree is set aside a fact disputed and denied then too may the defendant No.1 is only at the best can claim relief to the extent of 1/9th share of the total property and other defendant No.17 to 24 are legally entitled to any relief in view of the ex parte decree passed in civil suit No.195 of 1968. 3-B That the prayer clause also requires to be amended. So before the words "costs of the suit and after the words" during the pendency of the suit following prayer may also be inserted.;