Ram Saroop vs Asla Devi

Sat Pal, J.—This petition has been directed against the order dated 5.5.1997 passed by the Additional Civil Judge, (SD) Abohar. By this order, the learned Additional Civil Judge has dismissed the application filed on behalf of the petitioner/plaintiff under Order 6 Rule 17 CPC for amendment of the plaint. It is not disputed before me that the petitioner had filed a suit for specific performance of the agreement to sell the suit land on the basis of an agreement dated 26.11.1980. Thus in the original suit, the plaintiff had admitted the ownership of the defendant. By the proposed amendment the plaintiff now has taken the plea that he is the owner in possession of the suit land by virtue of adverse possession. Thus by the proposed amendment the petitioner/plaintiff is trying to change the nature of the suit itself and the plaintiff cannot be permitted to get out of the admission with regard to the ownership of the suit land. Having admitted the ownership of the suit land of the defendant, the petitioner/plaintiff cannot be permitted now to take the plea that he is the owner in possession by virtue of adverse possession. Accordingly the petition being without any merit is dismissed.