This revision petition clearly demonstrates how a technical approach to judicial matters results in total failure of justice for all concerned.

2. One Gokal filed a suit for declaration to the effect that he had become owner of ½ share of the land comprised in Khata/Khatauni No. 19/37, Khasra Nos. 12 and 19 measuring 23-13 bighas in Chak Rampur, Tehsil Arki, District Solan, H.P. by efflux of time as statutory period to redeem mortgage had expired and the right to redeem the mortgage stood extinguished. In the alternative it was prayed that he had become owner by way of adverse possession. Consequent relief of permanent injunction was prayed against defendants Nos. 1 and 2 restraining them from interfering in the possession of the plaintiff over the suit land. This suit was filed before the trial Court, i.e. Sub Judge 1st Class, Arki on 17-8-1981. In this suit defendant No. 2 was described as follows:- "Sh. Inder Datt, son of Shib Ram, resident of village Pakhred, Pargana Sandhurat, Tehsil Arki, District Solan, H.P."

3. An application for amendment of the plaint was filed even before the defendants were served. In the meantime, defendant No. 2 was served and he filed reply to the application for amendment which application was allowed on 8-8-1983. In the amended plaint filed with this application the name of defendant No. 2 was described as follows :- "Ishwar Datt, son of Shib Ram, resident of village Pakhred, Pargana Sandhurat, Tehsil Arki, District Solan, H.P."

4. The original plaintiff Gokal died and his legal representatives Thambo (widow) and Devi Roop (son) were ordered to be brought on record vide order dated 30-6-1984.

5. Written statement to the amended plaint was filed by defendant No. 2 in which the defendant No. 2 was described as Ishwar Dutt, son of Shib Ram. However, the written statement was signed by Inder Datt, as defendant No. 2.

6. Thereafter another application for amendment of the plaint along with proposed amended plaint was filed on 1-1-1986. This application was allowed on 6-1-1986. In the amended plaint filed, defendant No. 2 was described as follows:- "Ishwar Dass, son of Shib Ram, resident of village Pakhred, Pargana Sandhurat, Tehsil Arki, District Solan, H.P."

7. The fact that the name of defendant No. 2 had been changed from Inder Datt to Ishwar Datt and then to Ishwar Dass was not detected either by the Court or by the parties or their counsel. Written statement to this amended plaint was filed by defendant No. 2. In the heading of the written statement defendant No. 2 was described as Inder Dutt, son of Shib Ram. The suit was finally decreed vide judgement dated 9th July, 1986. In this judgement and decree defendant No. 2 was described as Ishwar Dass, son of Shib Ram. It is apparent from the record that neither the plaintiff nor defendant No. 2 ever discovered that the name of Inder Datt had firstly been changed to Ishwar Datt and finally to Ishwar Dass. It was Inder Datt who filed the written statement. It was he who contested the suit. Inder Datt appeared in the witness box and the power of attorney to the counsel was issued by Inder Datt.

8. After the suit was filed, Inder Datt filed an appeal in the Court of District Judge. Solan challenging the judgement and decree. The appellant was described as follows :- "Inder Dutt, son of Shri Shiv Ram, resident of village Pakhrehar, Tehsil Arki, District Solan, H.P."

9. No objection was taken by Devi Roop or Smt. Thamboo that appeal was not properly constituted. Smt. Thamboo died during the pendency of the appeal and her name was deleted. The appeal was admitted and was heard and decided by the learned District Judge, Solan on 31-10-1990. The learned District Judge held that the appeal was not maintainable and dismissed the same accordingly. The operative portion of the judgement of the learned District Judge reads as follows :-

3. The said suit was decreed vide judgement and decree, dated July 9, 1986 whereby Smt. Thumbo was declared to have become the