JUDGMENT

Phukan, J.-This appeal by special leave is directed against the order of the High Court of Punjab & Haryana at Chandigarh. Shortly put, the facts are as follows:-

2. The suit land originally belonged to Durga Dass who mortgaged the same to Sunder Dass and Udhey Ram. The appellants and respondent Nos. 2 to 5 are the legal heirs of Sunder Dass and Udhey Ram. When it came to the notice 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 nor his legal heirs could get the suit land redeemed within a statutory period and also for permanent injunction restraining respondent No.1 from alienating the suit land. In the said suit an application under Order 6 Rule 17 CPC for amendment of the plaint was filed. 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 a