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2005 Supreme(Raj) 1560

DINESH MAHESHWARI
Darshan Singh – Appellant
Versus
Lal Singh – Respondent


Advocates Appeared:
Mr. V.N. Kalla, for the Petitioners.
Mr. S.L. Jain, for the Respondent No. 1.

Judgment

Dinesh Maheshwari, J.-The petitioners Darshan Singh, Makhan Singh, Gurnam Singh and Mastan Singh filed a suit under Section 88 of the Rajasthan Tenancy Act (“the Act” for short) arraying the respondent Lal Singh as the defendant on 26.08.1985 which was pending before the Assistant Collector, Sangaria, District Hanumangarh as Suit No. 90/1987. The petitioners moved an application under Order 6 Rule 17 of the Code of Civil Procedure (CPC) seeking amendment in the plaint. The application was allowed by the Assistant Collector, Sangaria by the order dated 20.01.1992. This order dated 21.01.1992 was challenged in Revision No TA/43/92. Ganganagar by the defendant Lal Singh before the Board of Revenue for Rajasthan, Ajmer and the learned Member of the Board, by the order dated 06.01.1995, allowed the revision petition and set aside the order dated 20.01.1992. The plaintiff-petitioners have submitted this writ petition challenging the said order dated 06.01.1995.

2. Brief facts relevant for the present purposes are that the petitioners filed the aforesaid suit for a declaratory decree of their share in joint tenancy with the defendant Lal Singh to the extent of 20 bighas of land i
























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