B.L. Loomba, J. - (1.) THIS revision under Section 115, C.P.C. is directed against the order dated 26 -4 -89 whereby the plaintiff -revisionist's application under Order VI, R.17 of C.P.C. seeking amendment in the plaint, was rejected with the direction that the plaintiff should correctly value the suit at Rs. 2,10,000 the market value of the property. The learned Counsel, with reference to the application for amendment submits that the matter has already been settled between the plaintiff and the defendants 1 to 4 and 6 to 13 and the controversy is now limited only for recovery of Rs. 15,000 and the relief is only for recovery of this amount and it is on account of the mistaken view of the matter that the learned Civil Judge has considered that the amount sought to be recovered is Rs. 2,10,000 and on this basis alone the amendment has been rejected. A copy of the plaint and amendment application have been looked into. While in Para. 26 of the plaint, a mention has been made to the amount of Rs. 15,000 required to be adjusted. However, no amendment has been sought in the relief claimed in the suit and the relief as claimed in the plaint does not appear to support the submission made by the learned Counsel. In any case the position cannot be said to be unambiguous.
(2.) THE learned Counsel for the revisionist submits that a fresh application for amendment will be moved by the revisionist making the factual aspect of the matter clear and also to confine the claim to Rs. 15,000 only and the relief will also be suitably amended. With this submission of the learned Counsel for the revisionist, it appears no more necessary to keep this matter pending. The revision can be disposed off and the order can be set aside. The revision is accordingly allowed and the impugned order dated 26 -4 -1989 is set aside. This is, however, made clear that it will not tantamount to saying that the amendment application as moved by the plaintiff -revisionist has been allowed. The only thing required to be done is that the plaintiff shall move another application seeking amendment so as to make the position clear and also to suitably amend the relief and in case such an application is moved by the plaintiff, the same shall be considered and disposed off by the learned Civil Judge on merits, after affording an opportunity to the defendant O.Ps. to raise his objection. With these observations, this revision is disposed off finally. A copy of the order be made available to the revisionist within a week on payment of usual charges.;