SUBHASH CHAND JAIN Vs. NATTHU SINGH

JUDGEMENT

(1.) The petitioner/plaintiff has filed this petition under Article 227 of Constitution of India, for quashment of order dated 20.04.12 Annexure P-6. passed by IIIrd Civil Judge Class-Il, Sagar, in Civil Original Suit No.20-A/2011, dismissing his application filed under Order 6 Rule 17 of the C.P.C., for amendment in the plaint to add the prayer of possession of the disputed land and of mesne profit, has been rejected.

(2.) It is undisputed fact between the parties that initially the petitioner herein filed the impugned suit against the respondent for perpetual injunction with respect of alleged land.

(3.) In pendency of the suit, on causing the damages to the crops by the respondent no.1 an amendment application to amend the plaint for damages of Rs.40,000/- was filed, but on consideration vide order dated 18.01.12 Annexure P-5., the same was dismissed by the trial court. Subsequent to dismissal of such application, the petitioner herein filed the impugned amendment application Annexure P-3.. Contending that during pendency of the suit, he has been dispossessed by the respondent no.1 from the disputed land and on the basis of such subsequent event wants to amend the plaint for grant of decree against the respondent no.1 for possession of the disputed land as well as of the mesne profit at the rate of Rs. 10,000/- per annum.