TORAN SINGH KUNWAR SINGH Vs. THE STATE OF MADHYA BHARAT

JUDGEMENT

(1.) THE applicant has instituted a suit in the Court of Civil Judge First Class against the State of Madhya Bharat claiming a declaration that an order made by the Government on 22 -8 -1952 removing him from the Judicial Service of the State was illegal, void and inoperative and that he was still a member of Madhya Bharat Judicial Service.

(2.) THE order of the trial Court refusing leave on the ground that the Plaintiff did not give any notice to the Government under Section 80, Code of Civil Procedure," in respect of the relief of the payment of arrears of salary and damages before the institution of the suit is clearly wrong and cannot be upheld. The new relief asked for by the Plaintiff' does not introduce a new cause of action and, therefore, a further notice under Section 80, Code of Civil Procedure, is not necessary.

(3.) NOW with regard to amendment of pleadings the settled rule is that a party is allowed to make such amendments as may be necessary for determining the real questions in controversy or to avoid multiplicity of suits provided there has been no undue delay, that no new or inconsistent cause of action is introduced, that, no vested interest or accrued legal right is affected, and that the application is not made mala fide and the amendment can be allowed without injustice to the other side.