Specific pleadings and evidence are necessary to pronounce a just decision on a controversy.

JUDGMENT

Sureshwar Thakur, J. (Oral) - The plaintiff had instituted a suit against the defendant, wherein he claimed a decree, of, permanent prohibitory injunction with respect to the suit property, being, pronounced upon the defendant and also claimed a decree for restraining the defendant, to, in sequel to an order of 20.9.2013, recorded by the defendant, from, hence demolishing the suit property. Even though, the plaintiff had sought a relief that the defendant be restrained from enforcing the order of demolition rendered in respect of the suit property, by the defendant, yet, in the plaint, it was not initially espoused that the aforesaid order suffers from vice of any illegality nor any relief was sought of it being quashed and set aside. Subsequently, the plaintiff, through, an application cast under the provisions of Order 6 Rule 17 CPC sought the leave of the Court to incorporate in the plaint, the hereinafter extracted averments:-

"5 (a) that the order passed by the ld. Principal Director (Appellate Authority) dated 20.9.2013 under Section 340 of Cantonment Act in Appeal titled as Sushil Kumar Bansal vs. C.B. Kasauli thereby order dated 23.6.2012 is wrong, illegal, inoperative and is not sustainable in the eyes of law. The whole order is based upon surmises and conjectures and also contrary to the facts of the case. The impugned order is prima facie bad in law and perverse inasmuch as the same is against the principles and rules of natural justice. The observation given in the order is also wrong and contrary to the factual position. It is further submitted that since there is no violation of any provision of the Cantonment Act in any manner whatsoever, therefore, the show cause notice dated 19.6.2012, notice under Section 320 Cantonment Act and then notice under Section 248 dated 23.6.2012 are also wrong, illegal, null and void and has no effect on the right, title and interest. In fact no addition or alteration or erection or re-erection has taken place and therefore, the above notices could not be issued and the impugned order also could not be passed. The notice was also served upon the defendant to withdraw the notices, impugned orders and drop the proceedings against the appellant, but neither any reply has been given to the plaintiff nor the notice has been acted upon."

"A decree for declaration may be passed in favour of the plaintiff and against the defendant that the notice under Section 248 dated 23.6.2012 on the basis of wrong and contrary report and show cause notice dated 19.6.2012, notice under Section 320 dated 21.10.2013 and order passed in Appeal by the Appellate Authority under Section 340 dated 20.9.2013 are wrong, illegal, null and void and are not binding upon the plaintiff being against principles of natural justices, contrary to the facts and being the fact that there is no violation of the law and no addition or alteration or erection and re-erection has been carried out by the plaintiff and the whole process is wrong, illegal and against law without adopting any procedure and conducting any inquiry."

2. The application was dismissed by the learned trial Court, on, the short ground that with the aforesaid fact being within the knowledge of the plaintiff, his, omission(s), to, in respect thereof make the aforesaid prayer in the plaint, is a marked display of grave indiligence of the plaintiff, thereupon no indulgence is bestowable vis-a-vis the plaintiff. The aforesaid reason suffers from a gross perversity, of, the learned trial Court misunderstanding the operative part of the relief clause of the plaint, also its grossly misapplying thereon the principles of law encapsulated in various judicial verdicts narrated in the order impugned.

3. The learned trial Court has not borne in mind the fact that the plaintiff had in the relief clause of the plaint, made, a prayer that the order of demolition, be not enforced.

4. Though, it is apparent, of, the plaintiff not initially asking for the apposite o