Judgment

HEGDE, J.:- In these appeals a preliminary objection has been taken to the effect that these appeals are not maintainable as one Lt. Col. G. S. Yadav one of the parties to these cases at an earlier stage had not been impleaded. After hearing the counsel for the parties we accept this preliminary objection and dismiss these appeals as having been not properly instituted. We shall now proceed to give our reasons in support of that conclusion.

2. We shall first take up Civil Appeal No. 610 of 1966. This appeal arises from a suit instituted by one Surat Singh and others. In that suit Surat Singh was the first plaintiff. The plaintiffs therein claimed a permanent in junction restraining the defendants from interfering with their possession of the suit premises. That suit was substantially dismissed in the trial Court. As against that decision the plaintiffs went up in appeal to the Senior Sub-Judge. Delhi. In the appellate Court the plaintiffs prayed for an amendment of the plaint They sought to include therein a prayer seeking a mandatory injunction requiring the defendants to vacate the building. The learned appellate Judge allowed that application and remanded the suit to the