SARASWATI SHISHU MANDIR Vs. 1ST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India for quashing the order dated 15.2.1996 annexure-6 to the writ petition passed by 1st Additional District Judge-respondent No. 1 by which the amendment application moved by the plaintiff-respondent No. 2 was allowed.

(2.) The facts of the case in brief are that, the respondent No. 2 filed a civil Suit on 30.10.1977 for ejectment and recovery of arrears of rent and damages against the petitioner-institution through its Principal after serving a notice, terminating the tenancy under Section 106 of the Transfer of Properties Act. A plea was also raised that the premises being a new construction, the provisions of U.P. Act 13 of 1972 were not applicable. The petitioner-defendant No. 1 filed its written statement, and amongst other pleas it was pleaded that, the suit filed as such was not maintainable and the defendant ought to have been represented through Manager instead of Principal, since the Manager was the only authority entitled to represent the defendant-petitioner as such the suit should fall. The trial Court, after hearing the parties dismissed the suit, on the ground that, since there is no provisions for changing the names in the array of the parties till the amendment had not been sought and incorporated and, therefore, the suit had not been properly instituted and dismissed the suit and passed a decree accordingly, as the plaintiff was not entitled to any relief.

(3.) The respondent No. 2 filed a revision challenging the said judgment and decree dated 28.5.1993 before the District Judge, Barabanki. In revision, the opposite party No. 2 insisted that the suit was correctly filed against the defendant-school through its Principal and the contrary finding of the trial Court was wrong. However, during the pendency of the revision, the respondent No. 2 moved an application for amendment of the plaint. The amendment sought for in the array of the parties of defendant was for deleting all the words after the word 'Stithi' by the words 'Manager, managing committee of the society Saraswati Shishu Mandir, Bajabanki., and also for impleadment of the managing committee of the society through its manager as defendant No. 2, along with other amendments in the pleadings. The respondent No. 1 allowed the amendment application vide its impugned order dated 15.2.1996 and directed the same to be incorporated in the plaint.