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2009 Supreme(SC) 1598

R.M.LODHA, TARUN CHATTERJEE
Surender Kumar Sharma – Appellant
Versus
Makhan Singh – Respondent


Advocates appeared: For the Appellant:Arun Kumar Beriwal, B.K. Singh and Virender Rawat, Advocates.
For the Respondent: ----

Judgment :

1. Leave granted.

2. In our view, this is a case in which the High Court, in its revisional jurisdiction, and the trial Court had fallen in grave error in refusing amendment of the plaint filed in a suit for eviction on the ground of arrears of rent.

3. The appellant, as a plaintiff, has filed the aforesaid suit in respect of Property No. 28, Varsha Sarvodaya Housing Cooperative Society, Hirapur post, Tatiband, Raipur, Chattisgarh against the tenant/respondent.

4. The trial Court rejected the application for amendment of the plaint mainly on the ground that the prayer for amendment was a belated one. In revision, the High Court affirmed the order of the trial Court rejecting the application for amendment of the plaint inter alia holding that not only the prayer for amendment of the plaint made by the plaintiff/appellant was a belated one, but also that the prayer, if allowed, shall change the nature and character of the suit.

5. Feeling aggrieved by the impugned order of the High Court, this Special Leave Petition was filed by the plaintiff/appellant, which on grant of leave, was heard in presence of the learned counsel for the parties.

6. We keep it on record that in spi





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