JUDGMENT I.B. Singh, M. - This is a plaintiff's revision against order dated April 22, 1978 passed by learned Additional Commissioner, Jhansi Division, Jhansi, dismissing appeal No. 105 of 1977-78 Banda on the ground that allottees who were ordered to be made parties on June 20, 1977 by the trial court were not arrayed as party in the appeal and the amendment was not incorporated within 14 days. 2. Hira Lal filed suit against Gaon Sabha and U.P. State regarding disputed land with the allegation that the land had been in his possession since prior to the abolition of zamindari; that the name of his father Ram Jitwan was recorded as Sirdar who was in possession prior to abolition of Zamindari and was hereditary tenant; that after the death of his father the plaintiff's name was not recorded in the village papers, hence the suit. 3. U.P. State contested the case alleging that the land in suit was Gaon Sabha's property and was not in possession of the plaintiff and the suit was barred by Section 34 of the Specific Relief Act. 4. I have heard the learned counsel for the parties and have perused the record. 5. It has been argued that the amendment sought by the plaintiff was allowed on June 20, 1977 impleading the 2 allottees which was not incorporated within 14 days, the trial court proceeded with the case and did not reject the plaint for not complying the orders. The judgment and decree will not be binding against the allottees. The appeal ought to have been heard on merits and should not have been dismissed for the said omission of amendment of the plaint and of not impleading the allottees per Order VI, Rule 17 and 18 of the C.P.C. 6. It was argued in reply that the appeal was incompetent for not incorporating the amendment and not impleading the allottees as a party in the appeal and was rightly dismissed. 7. Order VI, Rules 17 and 18 of the C.P.C. run as follows:- "Rule 17. Amendment of pleadings. The court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. Amendment of pleadings. The court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. Rule 18, Failure to amend after order. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or, if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the Court." 8. The order for amendment dated June 20, 1977 for impleading the 8 allottees was to be incorporated within 14 days the time given in the order itself. The amendment was not incorporated within time. The consequences provided in Order VI Rule 18 of the C.P.C. given above followed and the trial court proceeded with the trial of the suit and decided it on merits. The result was that the three allottees were not impleaded in the suit at all, therefore, there was no question of arraying them as a party in first appeal and the lower appellate court wrongly dismissed the appeal for not doing so. The only consequence is not incorporating the amendment is given in Order VI, Rule 18 of C.P.C. is that the amendment shall not be permitted unless the time is extended by the court, No other consequence is provided regarding amendment sought by a party, therefore, the order of the lower appellate is highly erroneous and illegal is liable to be set aside and the appeal is liable to be remanded for being heard on merits. 9. In view of the above, this appeal is allowed. The judgment and decree passed by the lower appellate court are set aside and the first appeal is remanded to the court of learned Additional Commissioner, Jhansi Division, Jhansi, for deciding the first appeal on merits according to law.