U.C.Srivastava, J. - (1.) This revision application under Section 115, C.P.C. is directed against the order passed by the court of Civil Judge, Muzaffarnagar, rejecting the application for amendment of the plaint moved by the applicants. The suit was filed in the year 1972 before the court of Munsif and plaint was returned for presentation to the proper court by the court of Munsif which was presented in the court of Civil Judge in the year 1979. After presenting the plaint, the applicants moved an application for amendment of the plaint praying for addition of number of paragraphs as well as for additional relief. The plaint was contained in five pages while the amendment prayed for was contained in pages. The court took the view that it was not stated whether those facts were known to the plaintiffs or not from before and why necessity for amending the same arose, and further in the plaint is amended, the suit will start afresh and the facts will be changed which with result in changing the nature of reliefs also, as such the amendment application cannot be allowed.
(2.) The plaintiff applicants prayed for addition of number of paragraphs in the plaint and the additional relief and the application was moved on the very day the plaint was presented in the court of Civil Judge. It seems that the Civil Judge did not look into the contents of the amendment application and tried to find out whether all the allegations were new or prayer for addition of the same was made because of subsequent developments also. The court had a power to allow or disallow the amendment, but a perusal of the order passed by the court below shows that the court below has not looked into the relevant facts and has dealt with the application in a cursory manner. But it was to look into the plaint averments and the additions made in the amendment application and apply is mind, it is only, thereafter, the amendment application could have been decided properly. In view of the fact that the court below has committed jurisdictional and procedural error inasmuch as it has cursorily dealt with the matter, the revision application deserves to be allowed.
(3.) The revision application is allowed and the order passed by the Civil Judge, Muzaffarnagar is set aside and the court below is directed to consider the amendment application on merit after taking into consideration the settled principle in this behalf. There will be no order as to costs. Revision allowed.;