MUNICIPAL COUNCIL RAIGARH Vs. LAXMANDAS HEERAMAL SINDHI

JUDGEMENT

(1.) THIS revision under section 115 of the Code of Civil Procedure is directed by petitioner-plaintiff Municipal Council, Raigarh, through the Chief Municipal Officer against an order dated 23-6-1976 passed by Civil judge, Class II, Raigarh, in Civil Suit No. 10-A of 1973.

(2.) FACTS, in brief, leading to the present revision are that the plaintiff filed a suit for ejectment of the respondent-defendant, Laxmandas from the suit accommodation on certain grounds mentioned under section 12 of the madhya Pradesh Accommodation Control Act, 1961. In reply the defendant stated that not he but two others namely Sawalmal and Heeralal were the tenants of the suit accommodation and he being the son of Sawalmal is in possession of the premises. He also raised number of other pleas for the dismissal of the suit. After respective parties adduced their evidence then on 21-6-1976 an application under Order 6, Rule 17 of the Code of Civil Procedure was moved by the plaintiff seeking a prayer to amend the plaint so as to incorporate an alternative claim for a decree for possession on the basis of his title. Ad valorem court-fee on the alternative claim was sought to be paid. The application was opposed by the defendant. The trial Court rejected the application on the ground that it was filed with inordinate delay and also for the reason that the amendment sought to be made in the plaint being of no substance. It further held that if the amendment sought is allowed it will entail irrepairable injury to the defendant which cannot be compensated by costs. Therefore, the plaintiff has now come up before this Court in the present revision against that Order.

(3.) HAVING heard the learned counsel of the parties, I am of opinion that the revision has merit and deserves to be allowed. The only point that arises for consideration in the present petition is whether the trial Court committed error in the exercise of its jurisdiction or to say acted with illegality in rejecting the application of the plaintiff seeking amendment of his plaint to incorporate an alternative claim on the basis of his title.