Harbans Singh, C.J. - (1.) RAGHVIR Parshad and his sister, Tara Wati, brought a suit against Chet Ram seeking possession of the house in dispute, which was in possession of Chet Ram, on the ground of title alleging that the house, in fact, originally belonged to Shrimati Kamla Devi, which, on her death, devolved on their father, Atma Ram, and that after the demise of Atma Ram, it devolved on the Plaintiffs.
(2.) THE suit was resisted by Chet Ram, who alleged that when he was ejected out of a house, which was in his occupation, he came across the house in dispute, which was in a dilapidated condition, occupied the same in his own right and for the last 18 years or so has been in possession thereof and that, consequently, he had acquired a title for more -than 12 years in an open manner. He also denied the title of the Plaintiffs to the property in dispute. After 8 witnesses had been examined by the Plaintiffs, an application was filed for amendment of the plaint. It was averred that, in fact, Shrimati Kamala Devi had executed a will on 9th April, 1964, in favour of Raghvir Parshad Plaintiff No. 1 and that this fact was not known to the Plaintiffs on the date when the suit was filed and, consequently, they sought amendment of the plaint by claiming title to the house under the will rather than on inheritance. Amendment of certain paragraphs consequential on this change of cause of action was also sought to be made by deleting the words 'Plaintiff No. 2' wherever it occurred.
(3.) THIS application was rejected, the ground taken being that the amendment, if allowed, would change the nature of the suit. Being aggrieved by this order, the Plaintiffs have filed this revision.;