SUBEDAR MAJOR BIRAKUMAR SINGH Vs. SAGOLSEM MERA SINGH

JUDGEMENT

(1.) This revision petition by Subedar Major Birakumar Singh is directed against the order dated 29th February, 1968 by which Shri H. Jugeswar Singh, Munsiff III, Imphal, rejected his application for amendment of the plaint. It is contended that the Munsiff had gone wrong in not permitting the petitioner to amend the plaint.

(2.) The suit out of which this revision petition arises had been instituted by the petitioner in his capacity as President of Manipur Rifles Ex -servicemen's Colony, hereinafter called the Association, and permission of the Court was secured in terms of Order 1 Rule 8 of the Civil Procedure Code. The prayer made in the suit was for eviction of the defendant -respondent S. Mera Singh from a piece of land described in the schedule appended to the plaint. It was alleged in Para 1 of the plaint that the members of the Association had chosen the plaintiff Birakumar Singh to file the suit in representative capacity since they had all common interest in the subject -matter of the suit. In the next para it was pleaded that the Manipur Government settled 300 bighas of paddy land at Saiton under patta No. 55/229 B.T. to the Association in the year 1954 and that since then the members of the Association had been in possession of that land against payment of revenue to the Government.

(3.) The learned Munsiff rejected the prayer for amendment on the following grounds: