BOMBAY WAREHOUSE CORPORATION Vs. DEVRAJ

JUDGEMENT

(1.) PLAINTIFF apply for amendment of the plaint by deleting the words "portion of" appearing in para 5 and prayel clause (a) of the plaint. It is their case that these words "portion of have been inadvertently written and have remained through oversight.

(2.) THE other side opposes. The contention of the other side is that by removing the words "portion of" the plaintiffs now want possession of additional premises and the relief, so far as these additional premises is concerned, is barred by time as the suit was filed in 1975 and the present amendment is sought in 1991.

(3.) THE relief as per amendment will not be time barred if the amendment relates back to the date of filing of the suit otherwise it would be time barred. If the real dispute between the parties was in respect of possession of the entire premises and not merely portion thereof then the amendment, if allowed, would relate back to the date of filing of the suit.