RITA BEDI Vs. JAGMOHAN SINGH

JUDGEMENT

(1.) THIS revision filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity, the Code') is directed against the order dated 27.8.2001 passed by the Civil Judge (Junior Division), Chandigarh, declining the prayer of the plaintiff -petitioner seeking permission to permit her to place on record the amended plaint which was allowed to be amended on 18.8.2000 subject to payment of Rs.200/ -. The principal ground for refusing permission to place on record the amended plaint mentioned by the Civil Judge is that the plaintiff -petitioner failed to pay the costs of Rs.200/ - on the adjourned date i.e., 30.8.2000 despite the fact that the cost was demanded by the defendant -respondent.

(2.) BRIEF facts of this case which led to the filing of the present revision petition are that the plaintiff -petitioner filed Civil Suit No.240 of 13.9.99 for declaration to the effect that the plaintiff and the defendant are in exclusive use and occupation of half share of House No.640, Sector 16 -B, Chandigarh. The basis of the claim is that both of them have succeeded in equal shares on the death of their father as per family settlement dated 24.5.1994 which has been acted upon by both of them. The details of arrangement have also been specified in the family settlement dated 24.5.1994. The plaintiff -petitioner has also asked for the account of the rental income of specified portion of the building as the same has been used by the defendant -respondent exclusively. A further prayer for mandatory perpetual injunction restraining the defendant -respondent from interfering in the use and occupation by the plaintiff -petitioner. That the area of accommodation which has fallen to her share according to the terms of partition/family settlement dated 24.5.1994 because the terms of family settlement has been acted upon. During the pendency of the suit and before framing of issues an application under Order VI, Rule 17 of the Code was filed by the plaintiff -petitioner seeking amendment of the plaint. On 18.8.2000 the application of the plaintiff -petitioner for amendment was allowed subject to payment of Rs.200/ - and the case was adjourned to 30.8.2000. On 30.8.2000, the learned Civil Judge passed the following order: -

(3.) ON 17.10.2000 and thereafter, the case seems to have been adjourned on various dates and on 27.8.2001, the impugned order has been passed declining the request of the plaintiff -petitioner for placing on record the amended plaint on the ground that cost Rs.200/ - was never paid. The operative part of the order reads as under: -