CHAKKUBAI Vs. RAM MANOHAR LOGIA

JUDGEMENT

(1.) AS against the dismissal of the Interlocutory Application filed by the plaintiff to amend the Plaint, this CRP has been filed.

(2.) THE suit has been filed by the revision petitioner/plaintiff for permanent injunction against the defendants. According to the plaintiff at the time of filing the suit there was no construction made in the suit property. The defendants were attempting to put up construction by raising concrete pillars on the north eastern side of the suit property. Pending the suit the suit the second defendant Dharman had put up illegal construction for which Police complaint was also lodged by the plaintiff, but the second defendant completed the construction. As the constructions were made pending the suit, the petitioner seeks to amend the Plaint seeking for the relief of mandatory injunction to remove the illegal construction made by the defendants. Since the said Dharman died and there was delay in impleading his legal heirs, the amendment application could not be filed at the earliest time.

(3.) THE defendants contested the said application contending that the deceased Dharman had construction the building in the suit property even much prior to the filing of the suit. Inspite of that the suit has not been filed for declaration and filed only for bare injunction with an intention to throw away the respondents by force. According to the defendants, the application is barred by limitation.