JUDGMENT - V.C. DAGA, J. :---This revision application is directed against the order dated 3-9-1998 passed by the Second Joint Civil Judge, S.D., Thane, below Ex. 49 in Special Civil Suit No. 936 of 1997, rejecting application seeking amendment to the plaint, holding that inconsistent pleas cannot be allowed to be brought on record by way of an amendment.

The facts giving rise to the present Revision Application may be noticed as under:

2. The plaintiff has filed a suit bearing Special Civil Suit No. 936 of 1997 pending on the file of the Civil Judge, S.D., Thane, seeking negative declaration that defendant Nos. 1 to 3 have no right, title and interest to allot, any part or portion of the suit land, situated at village Kopri, Taluka and District Thane, to any third party, with further declaration that the defendant Nos. 4 and 5 have no right, title, interest, of whatsoever nature in the said land, and that the alleged order of allotment passed by defendant No. 1 in favour of the defendant Nos. 4 and 5 are patently illegal and not binding on the plaintiffs. The plaintiffs have also prayed for an order of permanent injunction restraining the defendants, their servants and/or agents a

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