SHABBU Vs. NISHAN AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed for setting aside the order dated 16.2.2013 vide which the application filed by the petitioner under Order 6 Rule 17 CPC has been dismissed. The facts of the case are that the petitioner being plaintiff filed a suit for permanent injunction which was decreed on 9.6.2006 by Additional Civil Judge (Senior Division) Kurukshetra. The appeal filed against the aforesaid decree by the defendants was dismissed. The petitioner was in lawful possession of the suit property as the defendant-respondents have lost upto the Appellate Court and thereafter no appeal was filed. Thereafter, the petitioner filed a suit for possession of the same property wherein written statement was filed.

(2.) An application was moved by the petitioner for amendment of the plaint by adding suit for possession with recovery of mense profits from 1.1.2012 to 31.7.2012 at the rate of Rs. 6,000/- per month of each shop which comes to Rs. 42,000/-. The application filed by the petitioner was contested by the defendant-respondents and vide order dated 16.2.2013, the application was dismissed which is subject matter of challenge in the present revision petition.

(3.) Learned counsel for the petitioner has challenged the impugned order on the ground that nature of the suit is not going to be changed and no prejudice would be caused to the other party. Learned counsel also submits that due to change in facts and circumstances of the case it became imperative on his part to amend the plaint as those changes took place during the pendency of the suit.