D LAXMAN REDDY Vs. NARASINGH SAHU

JUDGEMENT

(1.) BY order dated 16 -2 -1990 this Court directed to issue notice to the opposite parties on the question of admission. Pursuant to which the opposite parties have entered appearance and with the consent of the parties, the case was heard.

(2.) IN this civil revision the petitioner challenges the order dated 1 -9 -1989 of the learned Subordinate judge, Berhampur passed in T. S. No. 81 of 1987 rejecting the petition of the petitioner -plaintiff dated 29 -8 -1988 for amending the plaint under Order 6, Rule 17, CP.C. The Court rejected the application of the petitioner for amendment on the ground that the pro - posed amendment would completely change the nature and character of the present suit. In the original plaint the plaintiff prayed for declaration of his title in respect of a suit; house on various grounds. While the suit was pending for hearing, it is alleged by the plaintiff that the defendants 1 to 5. have taken over possession of the house and in the process caused damage to the plaintiff by taking away some movables worth about Rs. 56,000/ - without any authority. In the proposed amendment of the plaint, the plaintiff wanted to incorporate these facts and prayed for amendment of the prayer by adding an additional prayer for recovery of this amount of damage.

(3.) THE contention raised by the learned counsel appearing for the petitioner is that by the changed circumstances it would be necessary for the plaintiff to claim damage against the defendants 1 to 5.