Plaintiffs can seek amendment of the pleadings to account for subsequent events and new requirements.

1. - Petitioner has filed this revision application impugning an order dated 26.5.95 whereby the learned Additional Civil Judge (Junior Division) No. 4, Jaipur City, rejected an application under Order 6 Rule 17 CPC, for amendment of the plaint. It is an admitted position that subsequent events have taken place and what was the position of the original plaintiff's family is no more there and even though one of the plaintiffs has inherited a particular room from some of his near relations by way of succession, new requirements have evolved on account of which the events were sought to be proved by way of amendment of the plaint in an apposite application under Order 6 Rule 17 CPC.

2. It was pointed out by the learned Advocate for the defendant non petitioner that at an earlier stage, the original plaintiff conceded his case as to personal requirement and concentrated on other grounds for continuation of the suit but now, at the present stage, since the substituted plaintiffs come up with the case for a new requirement, they seek to amend the plaint. There are plethora of decisions, both of our own High Court as also of the Supreme Court enabling plaintiff to take into account the subsequent events and to seek amendment of the pleadings. Reliance was placed on Chhote Khan v. Vimal Kumar reported in 1991(1) RLR 198 and Arma Sunni v. Urban Improvement 'Trust, reported in 1988(1) RLW 852. Those two judgments of our High Court have also taken into account the Supreme Court decisions which are relevant on the point and the proposition is not disputed by the learned Advocate for the defendants. He, however, wanted an opportunity to file an additional written statement, after the pleadings are so amended, which opportunity defendant would always have under the law of the land. His further prayer for Commission for local inspection in respect of each of the rooms in occupation of the plaintiffs, if so made, should also be allowed by the trial court.

3. With these observations, the revision application stands allowed. There will be no order as to costs.Revision allowed.

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