Surya Kant, J. - (1.) THIS revision petition is directed against the order dated 24.8.2007 passed by learned Additional Civil Judge (Senior Division), Gannaur whereby an application under Order 6 Rule 17 CPC seeking amendment of the plaint, has been dismissed.
(2.) THE facts may be noticed briefly. The plaintiff - Jagdish (since deceased and represented by his Legal Heirs) filed a suit for declaration and permanent injunction against Sat Pal - defendant No. 1 and latter's two minor sons, seeking declaration that the judgment and decree dated 29.4.1998 passed in Civil Suit No. 435 of 1997 titled as Sat Pal and Ors. v. Umra, is illegal, void and not binding on the rights of the plaintiff and that defendant No. 1 be restrained from alienating, mortgaging the land, fully described in para No. 1 of the plaint.
(3.) IT may be mentioned here that the deceased plaintiff - Jagdish was real brother of respondent -defendant No. 1. The un -amended plaint (Annexure P -2) reveals that the afore -stated declaratory relief has been sought by the plaintiff/petitioners on various grounds taken in para No. 8 of the plaint.;