RAMABEN B PATEL Vs. SIHOR NAGARPALIKA

JUDGEMENT

(1.) The petitioner is the plaintiff in Regular Civil Suit No.41 of 1999 pending before the Civil Court, Sihor. She tendered an application Exh.37 for amendment of the plaint and injunction application Exh.5 in the said suit. The trial Court rejected the same and, therefore, she preferred a revision application under Section 115 of CPC bearing Civil Revision Application No.1147 of 1999. However, later on, with the permission of the Court, the said revision application was converted into Special Civil Application bearing No.20276 of 2005, which is the present petition.

(2.) The plaintiff had preferred the suit for declaration and injunction to the effect that the defendant-respondent has no right to construct a public urinal and a tank for dirty water adjacent to her house in the Sihor Mata Temple street and the defendant be injuncted from doing so.

(3.) By the amendment application, the amendment that is sought is to the effect that the Sihor Mata Temple street is on the eastern side of the house of the plaintiff going north-south. Similarly, there is a public road going east-west on the southern side of the house and the plaintiff has a right of entry and exit to her property on both these streets, so also a right to put doors and windows in the house. The defendant has no right to act in a manner which would prevent the plaintiff from enjoying such rights and the defendant, therefore, may be injuncted from acting as such.