MONNAPPA Vs. CHIEF SECRETARY GOVT OF KARNATAKA

JUDGEMENT

(1.) This Civil Revision Petition under Sec.115 of the CPC by the plaintiff arises out of and is directed against the order dt.4-10-1976 on I.A. No.VII in OS.200 of 1974 on the file of the Principal Munsiff at Virajpet, by which the learned Munsiff declined to allow an amendment seeking to include an alternative relief in the suit.

(2.) Plaintiff brought the suit for a declaration that he was the owner of the land concerned in the proceedings and that, in the alternative, he had acquired a right of way over the same and for a consequential relief of injunction. By I.A. VII he sought an amendment to the said plaint seeking to introduce an alternative relief which is prayed for in terms following:

(3.) Sri Rama Bhat, learned Counsel for the petitioner-plaintiff, urged that the view of the Court below that the amendment would impart to the suit a character which would render it one which ought to be brought in a representative capacity is erroneous; and the suit for the enforcement of the individual right of the plaintiff is perfectly maintainble notwithstanding the fact that similar rights may be vested in or are exercisable by others. He contended that the circumstance that a large number of others also possess similar rights could not make an action by an individual one which ought to be brought only in a represtentative capacity.