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1987 Supreme(Raj) 251

I.S.ISRANI
Ram Chandra – Appellant
Versus
Jagdish Narain Mathur – Respondent


Advocates Appeared:
K.N. Tikku, for Petitioner; P.C. Jain, for Non-Petitioner

I.S. ISRANI, J.—This is a civil revision petition under Sec. 115 C.P.C. against the order dated 1. 6. 82 passed by the learned Additional Munsif, Ajmer in Civil Suit No. 154/78. By this, the learned lower court allowed the amendment of the plaint.

2. A suit was filed by the petitioner for ejectment against the defendant on the ground of default in payment of rent and sub letting alleging therein that a Chabutara measuring 12 X 16 was given on monthly rent of Rs. 25/- to the non petitioners. The amendment application was allowed on 20.7.81 notice dated 16.11.1976 and personal necessity of Chabutara and comparative hardship.

3. The main contention of learned counsel Shri K.N. Tikku appearing for the defendant petitioner is that the plaintiff/non petitioner was aware of all these amendments even at the time of filing of the suit, there fore, such amendments should not have been allowed by the trial court. Reliance has been allowed by the trial court. Reliance has been placed on Laduram Vs. Sheodev (1), in which it was held by Shri Jagat Narain J. as he then was, that when the plaintiff wanted to add certain facts, which he had not choosen to mention in the original plaint, he cannot be



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