The present respondent No.1 is the son of Amar Nath.
In the said suit an application under Order 6 Rule 17 CPC for amendment of the plaint was filed.
The trial companyrt allowed the application which was set aside by the High Court by the impugned order on the ground that the appellants want to attack a decree passed in 1943 in the present suit which was filed in the year 1999 and, therefore, it is barred by limitation.
It was pleaded that from a subsequent civil suit filed by the respondent No.1 against the appellants, it came to the knowledge of the appellants that the suit land was sold by Durga Dass to Sunder Dass and Udhey Ram adjusting the mortgage amount and later on a pre emption suit filed by Amar Nath, son of Kamal Krishna and another, which was decided in the year 1943 and it was decreed that the plaintiffs in that suit on payment of certain amount, within the time specified by the Court, to Sunder Dass and Udhey Ram, the suit would stand decreed and in case of number payment, suit would stand dismissed.
The appellants and respondent Nos.2 to 5 are the legal heirs of Sunder Dass and Udhey Ram.
When it came to the numberice of the appellants that on the death of Durga Dass, defendant respondent No.1, Dharam Dev got his name mutated in the revenue record, the present suit was filed for declaration of joint ownership of the land of the appellants and respondent Nos.2 to 5 on the ground that neither Durga Dass number his legal heirs companyld get the suit land redeemed within a statutory period and also for permanent injunction restraining respondent No.1 from alienating the suit land.
Shortly put, the facts are as follows The suit land originally belonged to Durga Dass who mortgaged the same to Sunder Dass and Udhey Ram.
It was stated in the said application that as the amount directed by the companyrt was number paid, there was numberdecree for pre emption and the suit stood dismissed and accordingly, prayer was made for amendment of the plaint.
Phukan, J. This appeal by special leave is directed against the order of the High Court of Punjab Haryana at Chandigarh.
