Charanjit Talwar, J.

( 1 ) THIS revision petition under Section 115 of the Code of Civil Procedure seeks setting aside of the judgment passed on April 4, 1979 by Shri R. N. Jindal, Subordinate Judge I Glass, Delhi dismissing the petitioners suit on the ground that it was not maintainable.

( 2 ) THE petitioners had filed the suit for permanent injuction praying that the New Delhi Municipal Committee (respondent herein) be restrained from recovering the suit amount from them. Along with the suit, the petitioners had made an application for the grant of an ad interim injunction under Order 39 Rules I and 2 of the Code. The said application was dismissed and, therefore, the disputed amount was deposited by the petitioners with the respondent.

( 3 ) AFTER the filing of the written statement certain issues were framed on May 31,1978. It is the admitted case of the parties before me that issue No. 3 was as follows :

"has the suit become infructuous by payment of the tax due?"

( 4 ) ON an application made by the plaintiffs under order VI Rule 17 of the Code of Civil Procedure, the plaintiffs were permitted to amend the suit to one for declaration and injunction. To this amended plaint, an a

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