GOVINDBHAI BHAWANJIBHAI CHAWHAN Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties.

(2.) The petition takes exception to the order of the trial Court rejecting his application to amend the plaint. The petitioner is original plaintiff in Regular Civil Suit No. 68/2003. This suit is filed against the respondent for decree of permanent prohibitory injunction, restraining the respondent from interfering with the petitioner's possession on the land demarked and shown by letters FDGH in the sketch map filed along with the plaint and as described in the plaint in para 2 in any manner and from treating and constructing any way/road from this land.

(3.) The petitioner filed application under Order VI Rule 17 of the Code of Civil Procedure at Exh.-36 for grant of permission to amend the plaint. The petitioner, by this application proposed to add para 7-A in the plaint. The amendment sought was regarding unauthorised construction of 'Mayur Complex' and about existence of the alleged road.