PARKASH KAUR Vs. RANJIT KAUR

JUDGEMENT

(1.) PLAINTIFF -Parkash Kaur has filed this revision petition under Article 227 of Constitution of India assailing order dated 31.05.2013 passed by the trial Court thereby dismissing application Annexure P -2 filed by the plaintiff -petitioner for amendment of plaint Annexure P -1 instituted by her. The plaintiff has filed suit for mandatory injunction directing the defendant to handover vacant possession of the property on first floor of the disputed house. The plaintiff has also sought permanent injunction.

(2.) IN the amendment application, the plaintiff alleged that the plaintiff in the plaint inadvertently claimed the relief of mandatory injunction instead of claiming the relief of possession. The plaintiff by amendment of plaint, therefore, wants to claim the relief of possession instead of mandatory injunction and wants to make consequential amendments relating to valuation and court fee etc. The defendant by filing reply Annexure P -4 controverted the averments made in the amendment application. Learned trial Court has dismissed plaintiff's application for amendment of plaint. Feeling aggrieved, plaintiff has filed this revision petition to challenge the said order.

(3.) COUNSEL for the petitioner contended that by way of amendment, the plaintiff -petitioner simply wants to claim the relief of possession instead of relief of mandatory injunction and no further evidence is to be led by the plaintiff and therefore, proposed amendment of plaint should be allowed.