- (1.) Heard Sri Alok Kumar Yadav, learned counsel for the revisionists. None appeared on behalf of respondents though this case has been called in revised. This revision under Section 115 C.P.C. has been preferred against order dated 1.9.2001 passed by IIIrd Additional Civil Judge, (Senior Division), Varanasi, in Original Suit No. 510 of 1994 allowing amendment, sought by plaintiff, in the plaint on a cost of Rs. 100/-.
(2.) Sri A.K. Yadav, learned counsel for revisionists contended that suit was initially instituted only for permanent injunction against defendants from interfering in functioning of brick-kiln by plaintiffs. An ad interim injunction was granted in favour of plaintiffs, pursuant whereto, he was running brick-kiln. The period of lease, for which brick kiln land was allotted to the plaintiffs, having expired, they filed an amendment application, in which earlier prayer of injunction was sought to be deleted and a totally new relief was sought to be inserted as 'Ka', 'Kha' and 'Ga' in para 15 of the plaint i.e. for damages and compensation.
(3.) It is said that relief, sought by means of amendment application and insertion of certain paragraphs, in reference to relief, was totally a new cause of action, different from earlier one and that could not have been allowed, particularly when plaintiff's said that earlier relief, sought by him, should be deleted and the plaint should be allowed to be amended with totally new prayers.;