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1986 Supreme(Raj) 660

J.S.VERMA
Chandan Lal – Appellant
Versus
Keshav Dev – Respondent


JUDGMENT

1. - This is plaintiff's revision against a part of the trial Court's order dated May 27, 1978, by which some amendments sought to be made in the plaint have been disallowed. The suit was filed by the plaintiff on February 5, 1975 for declaration of his title to a wall and the consequential relief of injunction.The plaintiff then applied for amending the plaint.The substance of the amendments sought by the plaintiff as summarised by the Court below in the impugned order Is as under:

(1) Seven defendants are to be added,

(2) The length of the disputed wall is to be corrected from 37 ft., 10 inches to 30, ft. 3 inches,

(3) A fresh cause of action as arising on April 20,1975 is to be added in the plaint,

(4) The declaration sought to be for the sole ownership of the plaintiff is to be amended in the alternative to the joint ownership of the plaintiff and some of the defendants."

2. The trial Court has permitted the plaintiff to amend the plaint only as mentioned in the above item No. 2, but the remaining amendments proposed in the plaint have been disallowed. Hence this revision by the plaintiff.

3. The main objection of learned Counsel for the respondent is to the amendment propos




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