The petitioners are defendants in the suit. The plaintiffs filed the suit for permanent injunction and possession in the year 1979. The petitioners filed written statement and raised a plea that the suit is barred by res judicata under Section 11 C.P.C. The trial court has dismissed the suit on the ground that it is barred by res judicata against which the plaintiffs filed appeal which has been allowed and the matter has been remanded back to the trial court and the trial court in the year 1994 decreed the suit against which the petitioners filed an appeal being Appeal No. 54 of 1994. In the said appeal, after a lapse of 32 years, the plaintiffs filed an amendment application which has been allowed by the impugned order.
Learned counsel for the petitioners states that by the amendment, the nature of the suit has been changed and it was malafide inasmuch as the amendment application has been filed after 32 years and, therefore, the impugned order is bad in law.
Issue notice to respondent nos. 1 to 4 returnable at an early date. The petitioners may take steps to serve the respondents within a week.
List in the week commencing 11.7.2011.
Till the next date of listing, the proceeding in Civil Appeal No. 54 of 1994 (Chandru Vs. Babu Ram and others) pending before the District Judge, Gautam Buddh Nagar shall remain stayed.
Order Date :- 12.5.2011 OP