HUKUMCHAND Vs. MAHANT RAMCHARAN DASS CHELA

JUDGEMENT

(1.) THIS revision is directed against the order dated 23-11-2000 in Civil Suit No. 10-A/98 by Civil Judge, Class-II, Rehli, allowing the plaintiffs application for amendment.

(2.) THE plaintiff/respondent No. 1 filed a suit for possession of the suit property and permanent injunction restraining the defendants from interfering in his possession thereon. The plaintiff/respondent No. 1 pleaded that suit property is not that of the trust and that he is the owner of the suit property in his personal capacity. The suit was resisted by the defendants.

(3.) AFTER about 27 years of institution of the suit, an application dated 19-2-2000 Document-2 under Order 6 Rule 17 of CPC was filed on behalf of plaintiff/respondent No. 1, praying that the plaint be permitted to be amended as proposed therein. It was averred by the proposed amendment that the suit property was not the personal property of plaintiff/respondent No. 1. The proposed amendment in substance was that the property was that of trust and that the plaintiff/respondent No. 1 was the 'mahant' and that the suit may be treated as having been filed by the 'muhattamkar' for and on behalf of trust -Shri Dev Radhakrishna Temple.