DHANSINGH GOUR Vs. MUKTESWAR MAKAR AND OTHERS

JUDGEMENT

(1.) Prayer for amendment having been refused by the learned Munsif, Kuchinda in T.S.No. 1 of l985, plaintiff- petitioner has moved this Court for interference.

(2.) The suit is for declaration of right, title and interest over the suit land. Petitioner prayed for insertion of an alternative prayer by way of amendment to the effect that if he is not entitled to the reliefs claimed, then he is entitled to seek partition by metes and bounds. Defendants objected to the prayer on the ground that proposed amendment would introduce a new ease and change substratum of the dispute. Learned Muns if without giving any reason how the proposed amendment would change the nature and character of the suit, came to has mat proposed amendment would bring in a new ease or new cause of action.

(3.) According to Mr. R. C. Rath, learned counsel for petitioner, necessary averments were there and introduction of prayer for petition would not effect substratum of dispute. Learned counsel for opp. parties on the other hand supported the order.