MASTER TARUN PAWAR Vs. RAJ SINGH

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India impugns an order dated 01.10.2013 whereby the Trial Court dismissed the petitioners' application under Order VI Rule 17, CPC by which section 6 of the Specific Relief Act (Act) was sought to be included in the heading of the suit. Brief facts

(2.) THE petitioners had filed a suit claiming permanent and mandatory injunction. Thereafter, an application was filed for amendment of the plaint to include the relief of possession instead of mandatory injunction, which was allowed in the year 2004. By the aforesaid application, which is the subject matter of this petition, it was submitted that in the heading of the suit section 6 of the Act had not been mentioned; but the suit itself was self -speaking since it had been filed under section 6 of the Act, therefore by amending the title of the suit, no prejudice would be caused to the defendants as no further evidence was required to be led by the parties.

(3.) IN reply to the application, the respondents submitted that the application was a misuse of the process of law and had been filed to delay the proceedings; that the application could be allowed since the trial of the suit was complete; that the plaintiff was seeking to change the nature of the suit entirely, which was impermissible in law. Impugned order