JUDGMENT :

Uday Umesh Lalit, J.

Leave granted.

2. Civil Suit No.195 of 1968 filed by respondent No.1 for declaration on the basis of reversionary rights was decreed ex-parte against the predecessor-in-interest of the present appellants. After having come to know about such ex parte decree dated 30.06.1969, present suit was filed by the appellants for setting aside said decree.

3. The appellants pleaded in the suit that the file in respect of Civil Suit No.195 of 1968 was not traceable in the record room. Issues were framed and thereafter two official witnesses were examined, at which stage the appellants preferred an application seeking amendment of the plaint. The amendment sought by the appellant was as under:

“3-A. That the perusal of the copy of the order/judgment dated 30.06.1969 and decree shows that the defendant No.1 filed that suit in the year 1968 deliberately without giving all the particulars of the land at that point of time in the plaint in spite of the fact that consolidation of holding did take place in the year 1961-1962 and gave the old numbers before the consolidation with ulterior motive. Since old numbers were not in existence at the time of filing of the suit, an e