KHEM CHAND Vs. BANI SINGH AND OTHERS

JUDGEMENT

(1.) The present petition is directed against the order of Sub Judge 1st Class, Charkhi Dadri dated 12th of Feb., 1992 whereby an application under 6, Rule 17, Code of Civil Procedure, for amendment of the plaint has been allowed.

(2.) The facts relevant to this case are that the plaintiffs-respondents filed a suit for permanent injunction against the defendants-petitioners, praying therein that the latter be restrained from, making any construction on the property in dispute as they were in possession of the same. An application under 39, Rule 1 and 2 of the Code of Civil Procedure, was also moved before the trial Court for the grant of injunction, but the same was dismissed by the trial Code and in appal by the District Judge with the finding that prima-facie it appeared that the defendants in the sin were the owners and they had forcibly raised construction on the properly in dispute and had also undertaken that in case, the plaintiffs succeeded, they would remove the construction thereon The plaintiffs-respondents thereafter moved the present application under 6, Rule 17 of the Cot of Civil Procedure, praying that as the Court had found that the possession over the land ill dispute vested in the defendants, the suit ought to have been converted into one for possession This amendment as stated, has been allowed.

(3.) It has been urged by Mr. H.L. Sarin, learned Sr. Advocate, for the petitioners that the amendment in question ought to have be disallowed as a new case is sought to be set up thereby and the plea of having made construction forcibly was altogether new.