Om Swarup vs Badan Sinch And Anr.
1987 Latest Caselaw 512 Del

JUDGMENT

Sananda Bhandare, J.

(1) Since a very short point is involved, I have heard the learned counsel for the parties and proceed to decide the revision petition itself.

(2) This revision petition under Section 115 of the Code of Civil Procedure is directed against the order of the Sub Judge, Delhi dated 30th July 1987 whereby the application of the petitioner under Order 6 Rule 17 of the Code of Civil Procedure amendment of the plaint was dismissed.

(3) The plaintiff-petitioner filed a suit being suit no. 257/82 in the court of the Senior Sub Judge, Delhi for permanent injunction against the defendants i.e. the respondents herein claiming exclusive possession of the land in question in view of the agreement between the plaintiff and defendant no. 3'. In the written statement filed by the defendants, they denied having entered into any such arrangement/agreement between the plaintiff and defendant no. 3. The plaintiff petitioner, therefore, by way of the amendment application wants to add para l4A of the plaint claiming adverse possession of the land in question as an alternative plea.

(4) The trial court dismissed the application on the ground that the amendment sought for will change the nature of the prayer as well as nature of the suit in its entirety.

(5) Having considered the arguments of the learned counsel for both the sides, in my opinion, since the amendment thought for is only an alternative plea which does not in any manner change the relief claimed for by the plaintiff-petitioner or the prayer made by the petitioner in the main suit for injunction and is also likely to resolve the real controversy between the parties, the same deserves to be allowed. This, of course, will not preclude the respondents-defendants from contending that relief of declaration of the plaintiff as Bhumidar cannot be granted by the court trying the suit.

(6) In the result, the petition is allowed. The order dated 30th July 1987 of the Sub Judge, Delhi is set aside. The petitioner will be allowed to amend the plaint by incorporating para l4A in the plaint. The respondents will be paid costs of Rs. 500.00 .