- (1.) Heard learned Counsel for the parties. This revision has been filed by the plaintiff of the Original Suit No. 229 of 2001, Mandir Thakur Dwara Radha Krishna Pilkhua district Ghaziabad and another v. Sri Ram Nand and others and is directed against the order dated 21.7.2008 passed by the Trial Court/Civil Judge (Senior Division), Hapur rejecting the plaintiffs' amendment application.
(2.) Initially in the plaint, relief for permanent prohibitory injunction and for eviction of defendant-appellant No. 1 through mandatory injunction was sought. Defendants filed written statement and raised the dispute of valuation. Ultimately, the Trial Court determined the market value of the property in dispute to be Rs. 21,61,000/-. Requisite Court fee was directed to be paid. Thereafter, plaintiff filed application seeking amendment in the plaint. The amendment application was allowed on 16.3.2007 and relief 17-B (for eviction) was deleted. In the plaint, relief for declaration of sale-deed dated 17.6.2003 executed by Rama Nand in favour of defendant No. 2 was also sought. Thereafter, another amendment application was filed seeking reincorporation of the relief of possession. The second amendment application was rejected through impugned order.
(3.) The reason given in the second amendment application was that the earlier Counsel had advised the applicant-plaintiffs that relief for possession might be sought subsequently also after declaration, however, after change of the Counsel, the new Counsel advised that possession could not be asked for the subsequent suit as it would be barred by Order II, Rule 2, C.P.C.;