SHRI KRISHNA CHANDRAJI MAHARAJ ALIAS SHRI RAM KISHAN JI MAHARAJ AND ORS. Vs. SPECIAL JUDGE (ECONOMIC OFFENCES)/ADDITIONAL DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) THE Petitioner -Plaintiff filed a suit for declaration, possession and permanent injunction against the Defendant -Respondents in respect of land described at the foot of the plaint. The suit lingered on for about 23 years and was ultimately dismissed on merits. Aggrieved from the judgment and decree of the trial court the Plaintiff filed an appeal in the court of District Judge. In appeal the Plaintiff moved an application praying to insert the following paragraph 12 -A in the plaint by way of amendment;

(2.) THE case of the Plaintiff in amendment application (Annexure '4' to the writ petition) was that the property in question was the "Sir" at the relevant time and the document showing the land as "Sir" was on record. It was on account of accidental slip that this fact could cot be mentioned in the plaint. It was, therefore, with a view to clarify the pleadings and to avoid any technical objections and controversy at the time of argument that the amendment was sought.

(3.) THE objections raised by the Defendant found favour with the appellate court below resulting into rejection of the amendment application.