LAXMAN MAROTIRAO PAUNIKAR Vs. KESHAORAO RAMBHAU PAUNIKAR

JUDGEMENT

(1.) THE order impugned in this Revision was passed by the learned 20th Joint Civil Judge, Junior Division, nagpur in R. C. S. No. 1848 of 1988 on 7-11-1997 whereby he allowed the application for amendment moved by the plaintiff who is the respondent herein, which was subject to cost of rs. 30/ -.

(2.) THE suit filed by the plaintiff/respondent is for mandatory and permanent injunction. The plaintiff has prayed therein that the defendant be ordered to remove the tin sheets placed in his wall as well as the almirah and other constructions made by the defendant against the wall. Further the permanent injunction restraining the defendant/revision petitioner from making any construction against the plaintiffs wall is also sought. The defendant/revision petitioner filed his written statement denying the allegations and prayed for dismissal of the suit. The issues were framed and the evidence led by the respective parties was also recorded. The hearing was completed and the case was closed for judgment.

(3.) AT that stage, the plaintiff/respondent moved an application under Order 6 Rule 17 of the Code of Civil procedure for the amendment of plaint. The amendment sought by the plaintiff was in regard to his ownership over the house and site in dispute. The learned trial Judge by the aforesaid order, which is under challenge in this revision, allowed the application for amendment as stated earlier.