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2024 Supreme(HP) 436

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla
Neeraj Kumar – Appellant
Versus
Dasondhi Lal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ashok K. Tyagi, Advocate.
For the Respondent:Mr. Sanjeev Kuthiala, Senior Advocate, with Ms. Amita Chandel, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

1. The petitioners (plaintiffs before learned Trial Court) have filed the present petition against the order dated 18.12.2020 passed by learned Senior Civil Judge, Nahan (learned Trial Court), vide which the application seeking amendment of the plaint was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present petition are that the plaintiffs have filed a civil suit before the learned Trial Court for seeking a declaration that sale deed No.241 dated 04.04.2007 registered in the office of Sub-Registrar, Nahan and mutation No.250 dated 30.08.2016 are a result of fraud, undue influence, misrepresentation and without consideration and. not binding on the rights, title and interest of the plaintiffs. A declaration that the plaintiffs are the owners in possession of the suit land and a consequential relief of permanent prohibitory injunction for restraining the defendant from interfering with the suit land or forcibly dispossessing the plaintiffs was also sought. It was asserted that Prem Singh, father of the plaintiffs,

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