Judgement

S. K. DAS, J. - This is an appeal by special leave from judgement and decree of the High Court of Bombay dated 6-9-1951, by which the said High Court set aside on appeal the decree passed by the Civil Judge (Senior Division) Kolhapur, in civil suit No. 23/49 and allowed an amendment of the plaint at the appellate stage, subject to certain conditions, in the circumstances stated below.

2. The appellant before us was defendant 1 in the suit. Respondents 1 and 2 are the heirs of the original plaintiff and respondent 3 was defendant 2 in the action. In 1942 the original plaintiff filed a suit against respondent 3 for possession of the suit properties and obtained a decree in ejectment on 28-3-1944. This decree was confirmed in appeal on 9-7-1945. On a further appeal, the then SC of Kolhapur affirmed the decree on 2-4-1946. In the mean-time, the original plaintiff made an application for execution of the decree but was resisted or obstructed by the present appellant in obtaining a possession of the said properties. He then made an application under O. 21, R. 97, Civil P. C. complaining of such resistance or obstruction. This application was heard and dismissed under O. 21, R. 9