( 1 ) IN this revision under Section 115. C. P. C. the plaintiffs of a suit filed as far back as in the year 1942, have challenged an order passed by the Second Additional Civil Judge. Agra on May 20, 1993 rejecting their applications for an order under Rule 8 of Order 1. C. P. C. in respect of the defendants. The revision wag admitted to a fuller hearing by this Court on July 14, 1983 and was heard finally with the consent of the parties, in October, 1983. The background :

( 2 ) THE litigation has had a chequered history. The suit (No. 1 of 1942) out of which this revision arises, is pending as First Appeals Nos. 239 and 301 of 1961 against the decree of the trial Court dated July 5, 1961 by which two out of three, reliefs prayed for were granted. Without going into the antecedent history in detail, only this need be observed that in appeals taken to if by special leave against an order made by this Court on miscellaneous applications in these First Appeals, the Supreme Court gave a judgment on October 21, 1965, with the consent of the parties. The plaintiffs were permitted to amend the plaint, subject to the modifications indicated in the judgment and to add som