BAMDEO UPADHYA Vs. KSHETRIYA SHRI GANDHI ASHRAM BALLIA

JUDGEMENT

(1.) R. B. Mehrotra, J. The substantial question of law involved for consideration in the present second appeal is as to whether the order of the lower appellate court rejecting the plaintiff's application for amending the plaint at the lower appellate stage by its order, dated 19-2-1988 is sustainable in law.

(2.) FOR determination of the aforesaid substantial question of law the facts necessary to be stated for the decision of the second appeal, are as under:

(3.) THE I Additional District Judge, Ballia, vide his order, dated 10-2-1982 has allowed the defendants' appeal and has set aside the judgment of the trial court only on the ground that the suit, as framed by the plaintiff, was not maintainable, as relief sought in the plaint was essentially for enforcement of a contractual obligation. THE lower appellate court has placed reliance on a decision of the Supreme Court in the matter of Executive Committee of Vaish Degree College, Shamli and others v. Lakshmi Narain and others, reported in AIR SC page 888 (sic ).