M B MANVANI Vs. BHAGWANDAS

JUDGEMENT

(1.) PETITIONER has challenged the order dated 16.9.2004 passed by VI Civil Judge Class I, Bhopal, in Civil Original Suit No. 57-A/03 by which petitioner's application under Order 6 Rule 17, CPC has been rejected. The reason assigned by the trial Court is that it will change the nature of the suit and the suit was filed only for mandatory injunction while by the application, petitioner is seeking relief for declaration and for mandatory injunction also. Learned counsel appearing for petitioner assailed the order on the following grounds :

(2.) LEARNED counsel appearing for respondents opposed the contention and submitted that the plaint was filed long back and by this application, petitioner is seeking two reliefs in the case. By the proposed amendment, petitioner has raised a plea of which cause of action arose in the year 1974 and the suit itself is barred by time on the date of filing of the application. Apart from this, the suit was filed initially for injunction only. It was proposed to be changed for declaration and injunction without seeking relief for the execution of the lease deed in favour of petitioner by setting aside the lease deed.

(3.) IN the present case, it is apparent that the petitioner has raised a plea in para 4 of the amendment application that there was some agreement between parties and it was written by defendant No. 1 on 5.1.1974 in respect of the disputed plot and the defendant No. 1 accepted receipt of some amount from the plaintiff. Thereafter, the matter was processed in the Bhopal Development, but the name of the petitioner was not transferred in respect of disputed plot.