HANUWANT SINGH Vs. BANI SINGH

JUDGEMENT

(1.) This petition under Section 115, Civil Procedure Code, is directed against the order of the trial Court whereby the defendant-petitioner's request for amendment of the written statement to raise the plea that the civil Court has no jurisdiction in the matter, has been declined.

(2.) It deserves to be noticed here that another suit, i.e. Civil Suit No. 543 dated 8th October, 1983, filed by the petitioners for the grant of a permanent injunction restraining the defendants i.e. plaintiff in the present suit, stands consolidated with this suit. The petitioner's prayer for amendment of the written statement has primarily been declined on the ground they had not made a similar prayer in that suit, i.e. Civil Suit No. 543 of 1983. This reasoning of the trial Court, on the face of it, is untenable. The suit filed by the petitioner, i.e. Civil Suit No. 543 of 1983, being a suit for permanent injunction is exclusively triable by the civil Court. They could not possibly take a plea in that suit that the civil Court has no jurisdiction in the matter. On the other hand, in the instant case the stand of the defendant-petitioners is that in view of the allegations made in the plaint and the prayer, as noticed above, the civil Court has no jurisdiction to try the same and rather the suit is triable by the revenue court under Section 77 of the Punjab Tenancy Act, 1887 . It is, thus, patent that the trial Court completely misdirected itself while passing the impugned order. The same, is therefore, set aside. The application of the petitioner for amendment of the written statement is allowed. Since the plea is sought to be raised after a considerable delay, they are burdened with costs of Rs. 300/-. The trial Court would now allow the amendment as pleaded subject to payment of the costs.

(3.) The parties, through their counsel, are directed to appear before that the Court on 22nd April, 1991.