B.P. Singh, J. - (1.) This petition is directed against the order dated 18.5.1989 passed by Sri Prakash Chandra, Special Judge, Mathura in Civil Appeal No. 46 of 1987 (arising out of Original Suit No. 8 of 1983) rejecting the application for amendment of the plaint.
(2.) The facts leading up to this writ petition may briefly be stated as follows: "Shop No. 436 (Old No 389) situate in Syed Bazar, Pratap Bazar, Vrindaban, Mathura is the subject matter of the present litigation. Suit No. 8 of 1983 was filed by Shyam Sundar Gupta ans Shiv Narain (Petitioners) against Sri Krishan Ballabh and three others for a declaration that they were in possession of the accommodation in suit as a tenant of Thakur Giridhar Gopalji installed in Kishorpura, Vrindaban (Mathura) and for a perpetual injuction to restrain the defendants from evicting the plaintiff from the accommodation in Suit otherwise then in due course of law. The Suit was contested by the defendant No. 4, Smt. Shakuntla Devi, with the allegation that formerly defendants No. 1 to 3 (Krishna Ballabh, Radha Raman and Gopi Nath) were the owners of the shop in Suit. The shop in Suit was transferred by these defendant in favour of Smt. Shakuntla Devi (Defendant No. 4) through a registered sale deed dated 7th June, 1982. In order to avoid unnecessary controversy on the question in Thakur Giridhar Gopalji was the owner of the shop in Suit, a supplementary sale deed was also executed by Krishan Ballabh, Radha Raman and Gopi Nath in their capacity as Sebait of Thakur Giridhar Gopalji on 24.2.1983.
(3.) Suit No. 8 of 1983 was not contested by defendants No. 1 to 3.;