BHOI SHANABHAI BUDHABHAI Vs. SARVADAMAN CHIMANBHAI PATEL

JUDGEMENT

(1.) . This Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, has been filed by the petitioner being the original defendant challenging the order dated 20th December, 1995, recorded by the learned Joint Civil Judge (J.D.) Anand, below application Exh.121 in Regular Civil Suit No.318 of 1992 whereby the learned trial Judge allowed the said application of the respondent for amending the plaint as per the request of the respondent.

(2.) The respondent above named preferred Regular Civil Suit No.318 of 1992 against the petitioner for declaration and injunction that the petitioner may not disturb the possession of the suit property and for restraining the petitioner from transferring or alienating the suit land in any manner whatsoever. It appears that the respondent also filed an application for interim injunction against the petitioner on the same day i.e. 18th July, 1992. Ultimately the respondent failed in getting temporary injunction and in fact the temporary injunction did not remain in existence when the aforesaid application Exh.121 came to be filed by the respondent.

(3.) The original suit was for declaration and injunction and now by way of the said application Exh.121 the respondent desires to amend the plaint by adding a relief for specific performance of the contract in question. The respondent also desires to now mention that the respondent was ready and willing to perform his part of the contract and therefore he is entitled to get executed sale deed in his favour. The said application was objected by the petitioner. After hearing the parties, the learned trial Judge allowed the application Exh.121 and permitted the respondent to amend the plaint.