KAMLESH KUMARI Vs. PUSHPA BEHAL

JUDGEMENT

(1.) Defendant Kamlesh Kumari has invoked the jurisdiction of this Court by filing this revision petition under Article 227 of the Constitution of India impugning order dated 10.08.2010 (Annexure P-5) passed by the trial court, thereby allowing application (Annexure P-3) filed by respondentplaintiff Pushpa Behal, for amendment of plaint.

(2.) Plaintiff has filed suit for permanent injunction regarding the suit property depicted by letters ABCD in site plan annexed by her with the plaint. In the amendment application, the plaintiff alleged that her husband had taken the suit property on rent and during the life time of her husband, the plaintiff did not deal with any matter. Her husband has since died. The plaintiff alleged that at the time of filing suit, relevant documents were not available, which have now been traced out, giving rise to necessity of amending the plaint. By amending the plaint, the plaintiff sought to substitute para 1 of the plaint, as mentioned in the amendment application and also wanted to add para 4-A in the plaint, as detailed in the application.

(3.) Defendant, by filing reply (Annexure P-4), opposed the application on various grounds.