1977 Supreme(MP) 218

IN THE HIGH COURT OF MADHYA PRADESH
G.L. OZA, J.
Yakub - Applicant
Versus
Darvesh and others - Non-Applicant
C. Revn. No. 204 of 1975 (I)
Decided On : 25-08-1977

Headnote:Civil Procedure Code, 1908 - O. 6, R. 17 - petitioner described himself as the plaintiff in the cause title - proposed amendment wanted to describe that the plaintiff was ‘Peersthan' through the Mutavalli - it does not amount to substitution of one plaintiff in place of another - amendment allowed.

       Short Note

       1. The revision petition had been filed by the plaintiff - petitioner against an order passed by Civil Judge Class I Mhow, rejecting an application by the petitioner for amendment of the plaint. A suit was filed by the plaintiff - petitioner' and the averments in the plaint indicated that the suit was filed for some property which was said to be property donated to some Peersthan. But the petitioner described himself as the plaintiff in the cause title indicating as if he himself was the plaintiff. By the amendment application the petitioner plaintiff wanted to amend the cause title and describe 'Peersthan' as the plaintiff through the petitioner who came to be Mutavalli of the 'Peersthan'. This application was rejected by the Court below holding that it amounted to substitution of one plaintiff in place of another.

       Held: It is clear from the perusal of the plaint that the property has been properly described and it could not be disputed that initially the plaint was filed claiming the property as the personal property of the plaintiff. However, in the cause title a proper description of the plaintiff has not been made. Apparently, therefore, the Court below bas committed material irregularity in exercise of jurisdiction in holding that it amounts to substitution. It is also clear that even on the date of the amendment application is made it could not be contended that the suit is barred by time. The rejection of the application apparently is not justified. Revision allowed.