SAMUND SINGH Vs. BALDEV KRISHAN GUPTA

JUDGEMENT

(1.) The plaintiff-petitioner is aggrieved against the order dated 25th August, 1986 passed by the learned Sub Judge, Nakodar whereby his application for amendment of the plain, has been dismissed.

(2.) The petitioner filed a suit against the defendant respondent alleging that he had paid a sum of Rs. 1675/- to the respondent for supply of 4 of bags of cement against an authorisation issued under the Cement Control Order. He sought a relief for grant of mandatory injunction directing the respondents to supply 45 bags of cement to him.

(3.) In the course of the trial of the suit he filed an application under Order 6 Rule 17 of the Code of Civil Procedure (for short the Code) for amendment of the plaint so as to claim alternate relief for recovery of Rs. 2,278/- i e. Rs. 1675/- as principal amount land Rs. 603/- as interest. This application has however, been dismissed by the learned trial Court on the ground that it has been filed at a very belated stage. In case a suit for recovery of this amount is filed at the stage when the application for amendment had been moved it would be barred by limitation. It has been further held that the petitioner cannot be allowed to convert the suit from mandatory injunction to that of recovery of money.