SHARAD Vs. SITA RAM

JUDGEMENT

(1.) Heard finally with the consent of the parties.

(2.) Admittedly the applicants have moved against the rejection of their application for amendment of the plaint. By the proposed amendment the applicants want to put the subsequent events as also to bring the facts of further litigation on record. It is an admitted position that the evidence has not yet been led. In the main suit also it is submitted that the defendant No. 2 herein had given notice to the plaintiffs for demolition of the house within 24 hours, which was engineered by the defendants No. 1 herein. In order to bring on record various illegal actions done by the defendants to demolish the suit house somehow, or the other, the amendment application was moved by the plaintiff. It cannot be said that the amendments are in any manner not bona fide or unnecessary. It is settled principle of law that the amendments which are bona fide should be allowed provided that no right of the other party is violated. In that view of the matter, it would be better that the amendments are allowed.

(3.) In the result, the impugned order is, therefore, set aside. The civil revision application No. 776 is allowed. The suit is pending since 1983 and is concerned with the demolition of the house, which likely to cause loss to the life and therefore, it is directed that the Trial Court would proceed with the suit on every day basis. The plaintiff shall pay Rs. 500/- as costs to the defendants for the amendment within 15 days from today. After the costs are paid, the Court shall proceed as directed above. The registry shall forthwith inform the order to the lower Court. Application allowed.