L. N. MITTAL - (1.) CM No.12660-CII of 2012 Allowed as prayed for. CR No.2943 of 2012
(2.) PLAINTIFFS Ramphal etc. have invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail order dated 10.05.2012 Annexure P-4 passed by learned Additional Civil Judge (Senior Division), Panipat thereby dismissing plaintiffs' application Annexure P-3 for amendment of plaint. Plaintiffs by way of amendment want to plead that Ramphal plaintiff-No.1 of the present suit alongwith some other co-villagers had earlier filed suit for permanent injunction bearing suit No.175A of 2006 and the same CR No.2943 of was decided on 31.10.2007 but the said suit was on a separate cause of action and decision in the said suit has no bearing in the present dispute because now Gram Panchayat-defendant No.2 wants to dispossess the plaintiff forcibly from the suit land and it is quite different cause of action to bring the present suit. Learned trial Court vide order Annexure P-4 dismissed the plaintiffs' application for amendment of plaint. Feeling aggrieved, plaintiffs has filed this revision petition.
(3.) I have heard learned counsel for the petitioners and perused the case file.;