- (1.)THIS revisional application is directed against an order refusing leave to amend the plaint.
(2.)PETITIONERS filed Title Suit No. 124/9 of 1967-73 for declaration of their right of way over plot No. 950 of the fourth settlement situated at Binka and for a mandatory injunction directing the defendants 1 and 2 to remove the unauthorised constructions raised by them over the said plot. They also alleged that people of the locality have a right of way over the said plot and sought for permission to sue on their behalf. Defendants 1 and 2 denied the plaintiffs' right of way and the allegation about the unauthorised construction. In pursuance of the notice issued under Order 1, R. 8, C. P. C. defendants 3 and 4 applied for being added as parties to the suit. They filed written statement supporting the case of defendants 1 and 2. In the prayer portion of the plaint, plaintiffs had mentioned that the reliefs were claimed against the defendants. They made an application for amendment of the plaint by substituting the words "defendants 1 and 2" in place of 'defendants' in the prayer portion of the plaint. The application was opposed by defendants 1 and 2. The learned Subordinate Judge having rejected the prayer for amendment the petitioners have come up in revision.
(3.)ORDER 1, Rule 10 (4), C. P. C. provides that where a defendant is added, the plaint shall, unless the court otherwise directs, be amended in such manner as may be necessary. In the original plaint the plaintiffs claimed the reliefs against the defendants 1 and 2 only. Defendants 3 and 4 were impleaded as parties to the suit on their own initiative although no relief was claimed against them. After addition of the defendants 3 and 4 it was necessary to amend the plaint to specify the defendants against whom the reliefs were claimed. The proposed amendment is of a formal nature. It does not alter the nature of the suit in any way.