MOUJILAL Vs. MALLU AND ORS.

JUDGEMENT

(1.) Shri K.N. Fakhruddin with Shri Abhishek Dubey, counsel for the petitioner.

(2.) HEARD . In this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of the order dated 17 -11 -2014 passed by the trial court by which the application for amendment of the plaint, has been rejected.

(3.) THE Supreme Court in the case of Bharat Karsondas Thakkar vs. M/s. Kiran Construction Co. and others, : AIR 2008 SC 2134, has held that if the proposed amendment changes the nature of the suit, the same cannot be allowed. In the aforesaid case, the suit for specific performance of the contract was sought to be converted into a suit for declaration and the same was held to be impermissible in law.