- (1.) INSTANT writ petition is directed against the order dt. 15/12/2013 passed by the ld. trial court in Civil Suit No. 102/2009 whereby two applications of the plaintiffs -petitioners, one under Order 6 Rule 17 and under Order 1 Rule 10 CPC dt. 27/07/2011 and the other under Order 6 Rule 17 & Order 1 Rule 10 CPC dt.20/11/1999 have been decided by a composite order and the application dt. 20/11/1999 was partly allowed while the other application dt.27/7/2011 was allowed.
(2.) THE ld. counsel for the plaintiffs -petitioners vehemently contended that the trial court committed grave error in law in partially disallowing the application under Order 6 Rule 17 and Order 1 Rule 10 CPC. According to him, the amendments sought to be incorporated by way of such application was germane to the matter in controversy and necessary for the just and proper decision of the controversy involved in the suit.
(3.) PER -contra, ld. counsel for the defendants -respondents contended that the order suffered from no infirmities and the amendments sought to be incorporated were beyond the scope of the controversy involved in the suit and related with the revenue court orders which could not be declared to be null and void by a civil court. Heard ld. counsel for the rival parties and carefully perused the record as well as the impugned order. The ld. trial court has categorically observed that the amendments sought cancellation of the judgment dt. 10/08/1996 of Gram Panchayat Rodwal; judgment dt. 24/07/1998 of Panchayat Samiti Neemrana and Revision judgment dt. 23/10/1999 of Additional Collector -II, Alwar, which were beyond the scope of a civil court and thus the amendment application upto that extent was not allowed. Further, the ld. trial court also declined to implead Gram Panchayat Rodwal, Panchayat Samiti Neemrana and Additional Collector -II, Alwar as parties to the suit.;