SMT. BHONRI AND ORS. Vs. KAILASH CHAND AND ORS.
LAWS(RAJ)-1987-5-36
HIGH COURT OF RAJASTHAN
Decided on May 04,1987

Smt. Bhonri And Ors. Appellant
VERSUS
Kailash Chand And Ors. Respondents

JUDGEMENT

Jagdish Sharan Verma, C.J. - (1.) THIS is a plaintiff's appl. against the trial Court's order dt. 5 -2 -1982 rejecting the plaintiff's application dt. 9 -3 1981 for amendment of the plaint. The suit was filed initially for the main relief of a permanent injunction. Subsequently the petitioner has applied for amendment of the plaint to seek another relief of possession on the same property in respect of which the relief of permanent injunction was claimed, initially. There is no reason why such an amendment in the plaint could have been refused particularly when it arose out of tie initial pleadings and would undoubtedly effectively determine the controversy between the Parties. The trial Court has erroneously held that such an amendment would change the nature of the suit. The order cannot, therefore, be sustained.
(2.) CONSEQUENTLY , the revision is allowed. The impugned order dated 5 -2 -1982 of the trial Court is set aside and the plaintiff's application dated 9 -3 -1981 is allowed. No order as to costs.;


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