B.S. Chauhan, J. - (1.) THIS writ petition has been filed against the order dated 27.8.1999 by which the learned revisional court allowed the revision filed by the respondents setting aside the order dated 8.1.1991, passed by the trial court allowing the application of the petitioners -plaintiffs for amendment of the plaint under Order VI, Rule 17 of the Code of Civil Procedure (hereinafter called C.P.C.).
(2.) THE facts and circumstances giving rise to this case are that petitioners/plaintiffs filed Suit No. 46 of 1989 against the respondents/ defendants for injunction, i.e., restraining them to raise any construction over the land in dispute. Application for interim relief under Order XXXIX, Rule 1. C.P.C. was also moved and for deciding the same, trial court appointed a Commissioner who submitted the report on 14.3.1989 stating that the construction was being raised. Within a period of one month from the date of the institution of the plaint, an application under Order VI, Rule 17, C.P.C. was filed to amend the plaint seeking the relief of demolition of the construction raised subsequent to the filing of the suit and the same was allowed by the trial court vide order dated 8.1.1991. Being aggrieved and dissatisfied, respondents/defendants filed Revision No. 14 of 1991 which has been allowed by the revisional court vide order dated 17.8.1999, hence this petition.
(3.) HEARD Shri R. B. Tripathi and Shri H. P. Mishra, learned counsel for the parties.;