J.V. Gupta, J. - (1.) This petition is directed against the order dated 17th Sept., 1988 of the trial Court whereby application for amendment of the plaint has been allowed.
(2.) The plaintiffs filed a suit for declaration after seeking permission under Sec. 92 of the Civil Procedure Code, At the time of seeking permission to file the suit, defendant No. 1 was described to be Gurudwara Babnaji" previously known as Dharamshala Babnaji. According to the written statement, it was denied that it was ever known as "Gurudwara Babnaji" it has been Dharamshala Babnaji throughout and is known by the same name. However, necessary permission under section 92 of the Code was granted by the trial Court vide its order dated 3rd June, 1986. Now during the pendency of the suit, the plaintiffs wanted to amend the plaint to the effect that it is "Dharamshala Babnaji" also known as "Gurudwara Babanji". This was objected to by the defendants on the ground that if it is Dharamsala Babnaji as sought to be amended, then no permission under Sec. 92 of the Code could be granted to the plaintiffs. Thus, according to the defendants, this will change the whole nature of the suit as such and, therefore, the amendment was not to be allowed. The trial Court found that in case the plaintiffs want to amend the plaint on the lines of the objections of the defendants, the amendment is not going to change the nature of the case or to add any party without seeking permission.
(3.) Learned counsel for the petitioner submitted that since the amendment will change the whole nature of the suit because once it is admitted that the defendant is "Dharamshala Babnaji", then no permission could be granted under Sec. 92 of the Code. According to the learned counsel, the Institution could not be called "Gurudwara Babnaji" in any manner as it does not fulfil the necessary qualification for the same. In support of his, contention, he referred to Pritam Dass Mahant Vs. Shiromani Gurudwara Prabandhak Committee, AIR 1984 S.C. 858 and Shiromani Gurudwara Prabandhak Committee Amritsar Vs. Mahant Kirpa Ram and others, AIR 1984 S.C. 1059.;