ANIMA ROY Vs. ASHA RANI BISWAS AND OTHERS

JUDGEMENT

(1.) This revision petition arises from the order, dated 19-2-1986 passed by the learned Assistant District Judge (I), Gauhati in T.S. No. 2 of 1982.

(2.) In T.S. No. 2 of 1982, the Plaintiff filed an application for amendment under Order 6, Rule 7, Code of Civil Procedure. By that amendment petition, the Plaintiff sought by way of amendment to insert two additional reliefs one for declaration and possession of the firm, Joy Kali Trunk Factory and the other for money decree after rendition of accounts, and necessary facts for claiming the reliefs. The learned Judge allowed the amendment under order dated 19-2-1986, hence this revision petition.

(3.) In Ganesh Trading Vs. Maji Ram, AIR 1978 SC 484, the Supreme Court has held that if a Plaintiff seeks to alter the cause of action itself and to introduce indirectly through an amendment of his pleading, an entirely new or inconsistent cause of action, amounting virtually to the substitution of a new plaint or new cause of action in place of what was originally there, the Court will refuse to permit it, if it amounts to depriving the party against which the suit is pending of any right which may have accrued in its favour by lapse of time.