AJAY RAJAN Vs. BHEL

JUDGEMENT

(1.) HEARD on admission. This petition under section 115, CPC is directed against the order dated 21.1.2001 passed by the learned VIIIth Civil Judge Class II, Bhopal in RCS No. 118 A/98 rejecting the application filed by the petitioner plaintiff under Order 6 Rule 17, CPC.

(2.) THE petitioner plaintiff has instituted the above civil suit against the respondents defendants for declaration and perpetual injunction. It has been alleged that between 12.2.1998 and 14.2.1998, the respondents defendants had taken forcible possession of the suit property and therefore the petitioner plaintiff sought permission to incorporate the relief of the recovery of the possession thereof by way of amendment in the plaint. The learned Judge rejected the application on the ground that the relief sought to be incorporated by way of amendment is barred by limitation.

(3.) THE petition is, therefore, allowed. Necessary amendments be incorporated in the plaint. As opportunity for consequential amendment if asked for shall be given to the respondents/defendants. The petiton stands finally disposed of.