DUNDAPPA LAXMAPPA Vs. MALLAPPA BHIMAPPA

JUDGEMENT

(1.) This revision petition under S.115 CPC arises out of an order made by the Prl Munsiff, Gokak, allowing amendment to convert a suit for injunction into one for partition and possession.

(2.) The suit filed by the respondent was for an injunction in respect of land in Block No.65 measuring 10 acres 20 guntas situated in Shindikurbet village. The case of the plaintiff was that he was in joint possession with the defendants and the defendants are interfering with his possession and trying to exclude him thereof. He obtained an ad interim injunction, but the same was vacated after hearing the defendants. The plaintiff then came forward with an application to amend his plaint. He wanted to convert his suit for injunction into a suit for partition, by adding one more land and a house with moveables in the plaint schedule. He claimed half share in all those properties. The defendants resisted the said application on the ground among others, that if the amendment is allowed, it would change the character of the suit. Despite the objection, the trial Court allowed the amendment stating that the defendants are not put to any injustice and are not deprived of their rights.

(3.) The correctness of the above order is called into question in this revision petition. Counsel for the petitioners as usual in a case like this, argued that the leave to amend ought not have been granted as the amendment prayed for was not necessary for determining the real question in controversy between the parties. He further urged that the amendment to the pleadings should bo refused, if it changes the nature and character of the suit.