BADRI NARAYAN Vs. RAM GOPAL

JUDGEMENT

(1.) This revision has been directed against the order dated 11-1-1991, passed by M.J.M. Srimadhopur, by which the said court allowed the application for amendment of plaint submitted on 8-8-1990 by the plaintiff non-petitioner No. 1.

(2.) The brief relevant facts of this revision are that the plaintiff non-petitioner No. 1, filed a suit for permanent injunction against Jhuntha deceased, brother of the petitioners and the non-petitioner No. 2 with the allegations that the chowk outside the house of the defendants belongs jointly to the plaintiff and the defendants and that the defendants had already dug the foundation and wanted to raise a wall. This suit was filed in the year 1974. On 8-8-1990, at the stage of arguments the plaintiff moved an application for amendment of plaint with the allegations that after two or three days till the order of status quo was passed by the trial court on 11-2-1974, the defendants constructed a wall measuring 15'x 4.5" at a distance of 20'; that these facts have already come on record but no relief was claimed in the plaint for demolition of the said wall and as such amendment be allowed for demolition of the said wall. This application of the plaintiff was opposed by the petitioners who alleged that the amendment has been sought at the stage of arguments after a period of more than 16 years; that the defendants have become owner of the disputed property on account of adverse possession after a period of 12 years and as such no amendment can be allowed after limitation.

(3.) Learned M.J.M. Srimadhopur, on 1-11-91, allowed the application for amendment. This order has been challenged in this revision by the defendant-petitioners.