SARDAR JOGINDER SINGH Vs. NIRMAL ROBINSON CLIFFORD

JUDGEMENT

(1.) Heard Sri S.K. Mehrotra, learned counsel for the petitioners and to Sri Akhilesh Kalra, learned counsel for respondent Nos.1 and 2.

(2.) By means of the present writ petition, the petitioners are challenging the order dated 03.05.2019 Annexure No.1 to the writ petition passed by the Additional District Judge, Fast Tract Court (FTC) IInd, Balrampur in Civil Appeal No.28 of 2017, whereby the amendment application was allowed.

(3.) Brief fact of the case is that original Suit No.119 of 1998 seeking relief for possession and permanent prohibitory injunction relating to the house in suit was filed by the respondent Nos.1 and 2, which was contested and title of the plaintiff was seriously disputed and denied by the defendants/petitioners in the written statement. The Civil Judge (Senior Division), Balrampur dismissed the original suit No.119 of 1998 by holding that the plaintiffs / respondent Nos.1 and 2 failed to prove their ownership in the property in dispute. The respondent Nos.1 and 2 filed Civil Appeal No.28 of 2017, which is pending. The respondent Nos.1 and 2 moved an application under Order 6 Rule 17 CPC seeking amendment in the plaint of the above suit, proposing to incorporate the pedigree of the plaintiffs/appellants.