The court may allow the amendment of relief clause in a civil suit if it does not change the nature of the suit and enables comprehensive adjudication.

ORDER

1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. The petitioner has preferred this writ petition claiming the following relief:

"a) by an appropriate writ, order or direction writ petition filed by the petitioner may kindly be allowed with costs.

b) by an appropriate writ, order or direction, impugned order dated 24.05.2017 (annex.7) passed by learned Civil Judge & Metropolitan Magistrate, Jodhpur Metropolitan in Civil Original Suit No.61/2015 titled as 'Ramesh Chandra Vs. Sunita Arora' may kindly be quashed and set aside.

c) by an appropriate writ,order or direction application under Order 6 Rule 17 read with Section 151 CPC (Annex.5) filed by the petitioner / plaintiff may kindly be allowed as prayed for."

3. Learned counsel for the petitioner submits that the suit was pertaining to a common area but inadvertently, the prayer of the temporary injunction for using the same area for putting his stairs was left out in the suit and since the evidence has not started, therefore, in the interest of justice, the petitioner may be permitted to include the amended prayer, so that comprehensive adjudication can be done.

4. Learned counsel for the respondent opposes the submissions made on behalf of the petitioner on the ground that if the petitioner is permitted to amend the relief clause at this stage, the same would result into change in the nature of the suit itself, as the relief was regarding the common area and now the petitioner is seeking personal rights.

5. After hearing learned counsel for the parties and perusing the record of the case, this Court finds that allowing the amendment sought by the petitioner will not change the nature of the suit and would rather enable a comprehensive adjudication. After leading of the evidence and proper hearing on merits, it shall be open for the learned court below to decide whether the petitioner is entitled for the relief prayed for or not. The evidence in the case is yet to begin and the trial is at initial stage only.

6. Thus, in view of the above, the present writ petition is allowed and the impugned order dated 24.05.2017 (Annex.7) passed by learned Civil Judge & Metropolitan Magistrate, Jodhpur Metropolitan in Civil Original Suit No.61/2015 titled as 'Ramesh Chandra Vs. Sunita Arora is quashed and set aside and the application preferred under Order 6 Rule 17 CPC readwith Section 151 of CPC is allowed. The learned court below is directed to take on record the amended prayer and same be decided strictly in accordance with law without prejudicing the order of this Court.

7. All pending applications also stand disposed of accordingly.