Hon’ble Sudhir Agarwal, J.—The plaintiff-petitioner (hereinafter referred to as “petitioner”) is aggrieved by order dated 22.12.1979 passed by Civil Judge, Malihabad, Lucknow rejecting petitioner’s application seeking amendment in the plaint and revisional order dated 9/10.2.2006 rejecting petitioner’s application C-17 and holding that revision has abated and consequently returning the record of original suit No. 48 of 1967 to the Trial Court for further proceedings.

2. The petitioner, K.S. Khurana vide plaint dated 1.9.1967 filed regular suit No. 48 of 1967 seeking decree for permanent injunction restraining defendant- respondent No. 1 (hereinafter referred to as “respondent”) Kunwar Harendra Pratap Sahi from selling or otherwise encumbering Bungalow No. 11, Rai Behari Lal Road, (Then P.S. Hazratganj now P.S. Mahanagar), Lucknow.

3. The case set up by petitioner in the above suit is that respondent No. 1 claimed to be owner of the aforesaid bungalow, built at plot Nos. 440/3 and 440/4, leased it out to plaintiff on the lease charge of Rs. 100 per month. The bungalow was built on a Nazul land held by the respondent 1 under lease of 90 years period from Nazul Department whic