JOSEPH LOPEZ Vs. FRANCIS LOPEZ AND ORS.

JUDGEMENT

(1.) By the impugned order, the learned Principal Civil Judge at Sagar, allowed an application for amendment of the plaint the instance of the first defendant. The learned Judge held that in a partition suit, even the defendants could, also, apply for amendment of the plaint.

(2.) A suit emerges with the filing of the plaint. It is for the plaintiff to choose his averments and his remedies. A defendant cannot choose the plaintiff's pleadings.

(3.) The entire approach of the learned trial Judge in permitting the first defendant to pray for amendment of the plaint is erroneous. One party cannot ask amendment of the pleadings of the other party.