MAHANT NARAIN DAS Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the learned Additional Commissioner, Moradabad Division, Moradabad in respect of revision petition No. 68/87 -88 district Moradabad with the recommendation that the revision peti ­tion be allowed and (he judgment and order dated 18 -1 -1988 passed by the learned trial Court be set aside and the application for amendment dated 9 -9 -1987 moved on behalf of the plaintiff revisionist be allowed subject to payment of Rs. 200 as costs.

(2.) BRIEF and relevant facts of the case are that the plaintiff, Mahant Narain Das instituted a suit under Section 229 -B of the UPZA and LR Act against the defendants, Smt. Shanti Devi asd others for declaration of rights over the suit land as detailed at the foot of the plaint. During the pendency of this suit, an application for amendment of the plaint was moved on behalf of the plaintiff, Mahant Narain Das. The teamed trial Court by means of its order dated 18 -1 -1988 rejected this application. Aggrieved by this order a revision petition was preferred. The learned Additional Commissioner has made this reference with the aforesaid recommendation,

(3.) I have carefully and closely con ­sidered the submissions made by the learned Counsel for the revisionist and have also gone through the relevant records on file. On a close examination of the records, it is manifestly clear that by means of the proposed amendment in the plaint neither the nature of the suit is going to be changed nor would any manifest injustice be caused to the opposite party. Having closely examined the matter in question, I am of the view that justice and equity would be better served if the ap ­plication for amendment of the plaint is allowed and as such there is no justifica ­tion to reject the aforesaid application for amendment. The learned trial Court has not properly considered the facts and cir ­cumstances of the instant case and has illegally rejected the same. No error of fact, law or jurisdiction has been committed by the learned Additional Commissioner in passing the aforesaid order dated 7 -11 -1988.