MANOJ KUMAR GUPTA,J. - (1.) By order dated 24.5.2017, Civil Judge (Senior Division), Kanpur Nagar has allowed application 187-Ga filed by plaintiff-respondents seeking amendment of the plaint abandoning the suit against the petitioner/defendant no. 5. The order passed by the revisional court, on the revision filed by the petitioner, dismissing the revision, is also under challenge.
(2.) Counsel for the petitioner submitted that suit was instituted by concealing the fact that plaintiff is tenant of the suit property on behalf of the petitioner. It is urged that the petitioner being owner of the suit property was necessary party, the application filed by plaintiff was wholly mala fide and ought to have been rejected.
(3.) The plaintiff/respondents instituted the suit for permanent prohibitory injunction with the allegation that the suit property, which is in the nature of a shop, is in his possession since last 30 years wherefrom he has been doing business of sweet meat. The defendants on 25.11.2011, tried to dispossess him by force. Again on 27.11.2011, they tried to put the shop on fire.;