RANDHIR SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) The plaintiff-petitioner brought a suit for possession in terms of the sale deed executed in his favour by the defendant-respondent. The sale deed stipulated that in case the petitioner was deprived of the property or a part thereof, he shall sell to the petitioner similar land. The plaintiff was deprived of a part of the property sold and, therefore, he brought a suit claiming relief of possession of certain land equivalent to the land he was deprived of property sold and, therefore, he brought a suit claiming relief of possession of certain land equivalent to the land he was deprived of and sold by the defendant to him. After the plaintiff had closed his evidence and the suit was fixed for the defendant's evidence application for amendment of the plaint was made by the petitioner to incorporate in the alternative, the relief to the tune of Rs. 15,000/- as damages, in the plaint, based on the same cause of action. By the impugned order, this amendment has been disallowed principally on the ground that on the date the amendment was sought to be made, the suit for that relief will be barred by limitation. In my opinion, the impugned order cannot be sustained and must be quashed.

(2.) It is apparent that the plaintiff-petitioner does not change the cause of action by the proposed amendment. The cause of action still remains (sic) the failure of consideration as stipulated by the defendant. That being so, all that he wants to plead is a relief which he feels he is entitled to in the alternative. In my opinion, in these circumstances, the question of limitation actually does not arise since the relief which is now claimed flows from the cause of action already pleaded. The order impugned is, therefore, illegal and must be quashed.

(3.) The revision petition is allowed, The impugned order is set aside. The petitioner's application for amendment of the plaint is allowed. The proposed amendment be incorporated in the plaint. The defendant shall be given due opportunity to amend the written statement consequent upon the amendment made in the plaint. Thereafter, if necessary the trial Court shall strike an additional issue and proceed to try the suit in accordance with law. No costs.