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1987 Supreme(Raj) 614

JAGDISH SHARAN VERMA
Bhonri – Appellant
Versus
Kailash Chand – Respondent


JUDGMENT

1. - This is a plaintiff's appl. against the trial Court's order dated 5-2-1982 rejecting the plaintiff's application dated 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 parlies. 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.

3. No order as to costs.Revision allowed.

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