- (1.) The present writ petition has been filed challenging the order of the Revisional Court dated 13.1.2006 dismissing Revision No. 79 of 2002. It is submitted that a suit being Suit No. 340 of 1978 is alleged to have been filed by four plaintiffs, namely, Syed Zafaruddin Ashraf, Syed Musthaq Ashraf, Syed Aley Hasan and Syed Sibte Asghar Jilani against Syed Aftab Ashraf, Syed Anwar Ashraf, Syed Zille Hasain and Syed Salahuddin Ashraf. The said suit was filed restraining the respondents from claiming themselves to be Sajjada Nasheen of Dargah of Hazrat Makhdoom Shah, Ambedkarnagar.
(2.) Mr. Mohammad Arif Khan, learned Senior Advocate assisted by Sri Mohinuddin Khan, learned Counsel appearing for the petitioners submits that the plaint itself was defective as in the verification clause various paragraphs of the plaint were not mentioned as is required under Order VI, Rule 15(2) of the CPC. According to Mr. Khan, learned Senior Advocate appearing for the petitioners, the other three plaintiffs, namely, Syed Ali Ashraf, Syed Husain Ashraf and Syed Hasan Ashraf have subsequently moved an application that they do not wish to contest the matter and they be deleted from the array of the parties of the plaint.
(3.) So far as plaintiff No. 1 Syed Shah Zafaruddin Ashraf is concerned, he is stated to have expired on 8.6.1989. Subsequently, his legal heir, namely, Syed Shah Fakhruddin Ashraf was substituted as his legal heir and after substitution it was realized that in the plaint in the verification clause the relevant paragraphs have not been mentioned and, therefore, to remove the aforesaid irregularities an application was moved on 2.11.2001. The said application was objected to by the respondents stating that such an amendment after such a belated stage cannot be permitted and the application filed by the plaintiffs under Order VI, Rule 15(2) of the CPC deserved to be rejected.;