- (1.) Heard learned counsel for the revisionist. None was present for the respondent at the time of hearing.
(2.) This revision has been filed against the order dated 25.01.2012 passed by Ist Addl. District Judge, Gorakhpur, in Civil Appeal No. 122/2010 (Ram Het v. Shyam Lal & others) by which application 12-Ga of appellant (/plaintiff) under Order-VII, Rule-11 CPC for amendment in plaint of original suit was allowed.
(3.) Original suit number 8/1997 and original suit number 1065/2005 were consolidated. In original suit contra claim was also failing by the defendants. Trial court had decided on the both suits by common judgement dated 10.05.2010, by that suit was dismissed but counter claim was allowed. In this judgement that was a specific finding of fact after trial Court that defendant is owner in possession of disputed property. Against this judgement of trial Court civil appeal number 122/2005 was preferred. In this appeal the plaintiff plant had moved application 12-Ga under Order VII, Rule 11, CPC, for amendment in plaint, for inserting pleading to the effect that during pendency of appeal has respondent had taken position of disputed property from appellant, writ should be the removed and plaintiff be restored its possession.;