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1957 Supreme(All) 167

DESAI, TAKRU
KUNDAN LAL – Appellant
Versus
NARAIN LAL – Respondent


Advocates Appeared:
Brij Lal Gupta, Jagnandan Swarup Gupta

DESAI, J.

( 1 ) THE applicant, who was the defendant in the Court below, challenged through this revision application an order of the Court below allowing the opposite party, plaintiff to amend his plaint. The suit was for possession over a house. It seems that the applicant took possession of the house and after demolishing it constructed a new house in its place; but this fact was not mentioned in the plaint and the relief claimed was just for possession of the opposite partys house. The opposite party applied for amendment of the plaint in order to make it clear that he sought possession over his old house and not over the new house constructed on its site by the applicant. The application for amendment was opposed by the applicant, who pleaded that the value of the house constructed by him was more than Rs. 5000/-, that consequently the suit was not within the jurisdiction of the lower Court and that it had no jurisdiction to pass any order including one allowing the amendment. The lower Court held that through the amendment the opposite party was only clarifying the relief that he wanted and that it could allow the clarification regardless of the question of jurisdiction. Acco










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