1987 Supreme(Raj) 614

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Jagdish Sharan Verma, J.
Smt. Bhonri & Ors. - Appellant
Versus
Kailash Chand & Ors. - Respondent
S.B. Civil Revision No. 262 of 1982.
Decided On : 4-05-1987

The court emphasized the importance of allowing amendments to the plaint when they arise out of the initial pleadings and effectively determine the controversy between the parties.

Headnote:

Amendment of Plaint - Plaintiff's Application - The court allowed the plaintiff's application 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 initially claimed.

Fact of the Case:

The plaintiff filed a suit for a permanent injunction and subsequently applied for an amendment of the plaint to seek another relief of possession on the same property. The trial Court rejected the plaintiff's application for amendment of the plaint.

Finding of the Court:

The court found that the trial Court erroneously held that the amendment would change the nature of the suit and concluded that there was no reason to refuse such an amendment, as it arose out of the initial pleadings and would effectively determine the controversy between the parties.

Issues: The main issue was the refusal of the trial Court to allow the plaintiff's application for amendment of the plaint.

Ratio Decidendi: The court held that the amendment in the plaint could not have been refused, particularly when it arose out of the initial pleadings and would effectively determine the controversy between the parties.

Final Decision: The court allowed the plaintiff's application for amendment of the plaint and set aside the trial Court's order. The revision was allowed with no order as to costs.