CHIRONJILAL Vs. RAMLAKHAN

JUDGEMENT

(1.) THIS petition in revision is directed against the order dated 2.12.97 passed by Shri M.P. Tiwari, XIth Civil Judge, Class II, Gwalior, whereby an application for amendment under Order 6 Rule 17 has been rejected by the Court below. The petition has been heard finally at the admission stage as it involves a short question.

(2.) LEARNED counsel for the petitioner contends that a suit was filed for eviction of the defendant on certain grounds. During the pendency of the suit respondents made disclaimer in another proceedings and the petitioner moved an application for amendment of the plaint praying that the plea relating to the disclaimer be permitted to be taken. Learned Courts below has rejected the application. Learned counsel urged that the amendment has to be allowed unless it changes the nature of the case and dislodges the defendant from the right which has accrued to him. In the present case the petitioner sought to add a new ground of attack which was based upon certain allegations made by the defendant denying the plaintiff's title in another proceedings.

(3.) I have considered the contentions. The law is settled that all the amendments have to be allowed liberally unless they change the nature of the' case and displaces the defendant from the right which has accrued to him. In the present case the petitioner seeks to add a new ground of attack based upon the statement of respondents in another proceedings. I do not think that it was such an amendment which could be rejected. Learned trial Court has, therefore, exercised the jurisdiction improperly and irregularly in refusing the application. The revision petition is accordingly allowed. The impugned order is set aside. The amendment application is allowed on payment of Rs. 200/ - as costs which may be paid within 15 days. In case the costs is not paid, the amendment shall stand rejected. On the other hand if it is paid the amendment will be incorporated and the petitioner will be allowed to make consequential amendment within the time allowed by the Court. The learned trial Court shall thereafter proceed in accordance with law.