GAURISHANKAR Vs. SITA RAM

JUDGEMENT

(1.) Heard learned Counsel for the petitioner.

(2.) The petitioner aggrieved by the order passed by the revisional court dated 28th September, 2005, whereby the revisional court allowed the revision filed by the respondent and set aside the order dated 27th September, 2004, passed by the trial court, approached this Court by means of present writ petition under Article 226 of the Constitution of India.

(3.) The brief facts of the present case are that during the pendency of suit, the petitioner-plaintiff filed an application seeking amendment in the plaint, which was allowed by the trial court vide order dated 27th September, 2004. Aggrieved by the order passed by the trial court, the respondent-defendant preferred a revision before the revisional court under Section 115 of the Code of Civil Procedure. The revisional court vide order impugned in the present writ petition allowed the revision filed by the respondent observing that by the amendment since the plaintiff has completely changed the original case and set up new pleadings, which has changed the nature of the case, therefore the trial court was in error in allowing the amendment application filed by the petitioner-plaintiff. The revisional court thus rejected the application filed by the plaintiff-petitioner.