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1976 Supreme(Raj) 435

A.P.SEN
Dr. Ramavtar Sharma – Appellant
Versus
State of Rajasthan and 18 Ors. – Respondent


JUDGMENT

1. - This revision under Section 115 of the Code of Civil Procedure filed by the plaintiff, is directed against the order of the Additional District Judge No. 2, Jaipur, dated 8th September, 1973, dismissing his application under Order 6 Rule 17 of the Code for amendment of the plaint.

2. The material facts, in brief, are these. The plaintiff Dr. Ramavtar Sharma brought the suit for declaration of his seniority as a Reader in Medicine over defendants No. 2 to 20 and for grant of perpetual injunction against defendant No. 1. The plaintiff had inter alia challenged the appointment of defendant No. 14 Dr. M.S. Mathur to the post of Reader in Medicine in preference to him. During the pendency of the suit, the Rajasthan Medical Service (Collegiate Branch) Rules. 1962 were amended w.e.f. 1st March 1969 by insertion of a proviso to Rule 20 by Modification dated 14th March 1973 After the amendment, defendant No. 14 Dr. M.S. Mathur was routed as Medical Superintendent of the Associated Group of Hospitals at Ajmer. The plaintiff, therefore, applied under Order 6 Rule 17 of the Code for making consequently amendment of the plaint. That application of his has been rejected by the learn




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