SATISH SHARMA Vs. DINESH DHIMAN

JUDGEMENT

(1.) CM No. 25241/2016 (exemption)

(2.) The respondent filed a suit for permanent and mandatory injunction stating that the petitioner is carrying on illegal and unauthorised construction. It is also averred that the petitioner has thrown malba in front of the house of the respondent and was trying to construct a ramp by encroaching upon the street which is a public land. It is averred that this is causing hindrance in the ingress and egress to the house of the respondent. Subsequently, the concerned Municipal Corporation which is a party in the suit carried out an inspection stating that malba for construction of the ramp had been dumped by the petitioner in the Gali. The trial court passed an interim injunction for removal of this malba. Malba was removed in compliance of that order by the petitioner.

(3.) It was in these circumstances that the respondent filed an application under Order VI Rule 17 CPC whereby he sought to amend the prayer clause to seek damages from the petitioner/defendant. As per the application moved, the respondent seeks to add the following relief to the prayer clause of the plaint.