Kartar Kaur vs Sohan Singh and Others

N.C. Jain, J.—This revision petition is directed against the order of the trial Court dated 31.10.19 declining amendment of the plaint.

By an application the plaintiff wanted to make only one addition in the heading of the plaint as well as in the relief clause. The precise amendment sought was " as consequential relief suit for joint possession of 1/2 share in the above mentioned land." In the relief clause following amendment was sought "as a consequential relief of decree for joint possession of 1/2 share in the above mentioned land". The amendment has been declined on the ground that it would change the nature and character of the suit.

After hearing the learned counsel for the parties, I am of the view that the approach of the trial Court is legally untenable. The plaintiff has based her prayer of declaration on the ground of inheritance. If she is not allowed to effect amendment, her suit can be dismissed and in order to avoid such eventuality, it was necessary for the plaintiff to seek amendment in the plaint. It has been held in S. Bhagat Singh Vs. Satnam Transport Co. Ltd. and Others, .and Baljit Singh Vs. Jot Ram, that if relief of possession is not claimed in the plaint, the suit should not be dismissed but the plaintiff should be given an opportunity to amend the plaint. It observes to be noticed at this stage that the counsel for the petitioner has submitted before me that he does not want to lead any evidence after the acceptance of the amendment and that he would argue the case on the basis of the evidence which has already been led in the case. The defendant would be entitled to file amended written statement taking up all the possible objections.

In view of the ratio of law laid down in Bhagat Singh and Baljit Singh''s cases (supra) and in view of the statement of the counsel for the petitioner that he does not want to lead evidence, this Court is inclined to allow the application at the stage of motion hearing. The amendment would be subject to payment of Rs. 1,000/- as costs.

For the reasons recorded above, the revision petition is allowed and the impugned order is set aside.

The parties through their counsel are directed to appear before the trial court on 18.9.95.