SUBEDAR MAJOR BIRAKUMAR SINGH Vs. SAGOLSEM MERA SINGH
HIGH COURT OF GAUHATI
Subedar Major Birakumar Singh
Sagolsem Mera Singh
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R.S. Bindra, J. -
(1.) This revision petition by Subedar Major Birakumar Singh is directed against the order dated 29th February, 1968 by which Shri H. Jugeswar Singh, Munsiff III, Imphal, rejected his application for amendment of the plaint. It is contended that the Munsiff had gone wrong in not permitting the petitioner to amend the plaint.
(2.) The suit out of which this revision petition arises had been instituted by the petitioner in his capacity as President of Manipur Rifles Ex -servicemen's Colony, hereinafter called the Association, and permission of the Court was secured in terms of Order 1 Rule 8 of the Civil Procedure Code. The prayer made in the suit was for eviction of the defendant -respondent S. Mera Singh from a piece of land described in the schedule appended to the plaint. It was alleged in Para 1 of the plaint that the members of the Association had chosen the plaintiff Birakumar Singh to file the suit in representative capacity since they had all common interest in the subject -matter of the suit. In the next para it was pleaded that the Manipur Government settled 300 bighas of paddy land at Saiton under patta No. 55/229 B.T. to the Association in the year 1954 and that since then the members of the Association had been in possession of that land against payment of revenue to the Government.
By the amendment application the plaintiff wanted to substitute Paras Nos. 1 and 2 of the plaint on the plea that "through inadvertence certain facts have not been incorporated in the plaint" and on the assertion "that the proposed amendment will not change the character of the suit." In substance, what plaintiff wanted to state in the proposed Para No. 1 of the plaint was that in or about the year 1953 some members of the Manipur Rifles formed an Association under the name and style of "Manipur Rifles Ex -servicemen's Association" with the object of looking after the affairs of the employees of the Manipur Rifles after their retirement from service, that the plaintiff is the President of the said Association, and that the members had selected him for filing the suit in a representative capacity. And in the proposed para 2 of the plaint the plaintiff wanted to allege that the Association after its constitution moved the Government of Manipur for settlement of some land with it for the use of the members of the Association on their retirement, that the Government consequently settled 300 bighas of land at Saiton under patta No. 55/229 B.T. in favour of the Association and delivered possession to them, and that Association had been holding and possessing that land in the nature of trust for the members of the Association and the Association had been paying revenue to the Government regularly. Another fact which was meant to be stated in the proposed para 2 of the plaint was that the entire piece of land measuring 300 bighas is known as "Manipur Rifles Ex -servicemen's Colony".
(3.) The learned Munsiff rejected the prayer for amendment on the following grounds:
(a) That in the original plaint it was stated that Ex -servicemen's Colony at Saiton had come into existence before the land was allotted by the Government, while in the proposed amendment it was stated that the Colony came into being after the land had been settled;
(b) That according to the title of the suit the Ex -servicemen's Colony is situate at Imphal, that according to the proposed amendment it is located at Saiton, and that no amendment of the title of the plaint had been asked for along with the amendment of paras Nos. 1 and 2 of the plaint; and
(c) that in view of the amendments sought the character of the suit would be changed.;
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