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1993 Supreme(HP) 87

DEVINDER GUPTA
RAM PAL – Appellant
Versus
HOSHIAR SINGH – Respondent


Advocates Appeared:
For the petitioner(s):Mr. Kuldip Singh, for the petitioners. For the respondent(s):Mr. K.D. Sood, for respondent No.1

JUDGMENT

Devinder Gupta, J.—The order passed by the District Judge, Una on 26th June, 1992 allowing the application of the plaintiffs/respondents seeking permission to amend the plaint is under challenge in this civil revision by the defendants.

2. In order to appreciate the arguments, which have been addressed at the Bar, it will be necessary to give some background of the case. On 2nd November, 1981, a suit was filed by the plaintiffs/respondents No.1 to 3 (hereinafter referred to as the plaintiffs) against the petitioners and respondents No. 4 to 7 claiming decree for mandatory injunction directing the petitioners and respondents No. 4 and 5 (hereinafter referred to as the defendants) to demolish the construction alleged to have been raised by them on the southern part of Khasra No.1296 abutting Una-Bangana Road. Decree for prohibitory injunction was also claimed restraining the defendants from raising any further construction till partition. It was alleged that the suit property was jointly owned and possessed by the parties. Taking undue advantage of the closure of Civil Courts, the defendants with a view to grab valuable portion of the land forcibly commenced construction by d















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