PRITPAL SINGH Vs. HARMESH KUMAR

JUDGEMENT

(1.) THE revision petition is against the order dismissing an application filed by the defendant to recall the order for cancellation of the amended plaint being taken on record. The unusual prayer was under the following circumstances. The plaintiff had filed a suit for injunction and during the pendency of suit the plaintiff had sought for bringing an amendment to his plaint for the relief of specific performance. While asking for the amendment, the plaintiff had not set forth the details of amendment which he proposes to bring by specifically setting out the amended pleadings that would be in place, if the petition were to be allowed. The Court allowed the application for amendment to bring a relief of specific performance in suit. It was at that time that the plaintiff presented an amended plaint introducing several new paragraphs in the entire body of plaint to make it compatible with the relief of specific performance which he was permitted to bring by the amendment. The objection taken by the defendant through an independent application was that the plaintiff had breached the mandate of the High Court Amendment of Order 6 Rule 17 which specifically provided that every application should set out the words or paragraphs to be added, omitted or substituted from the original pleading. The Court has rejected the application and the revision is against the said order.

(2.) LEARNED counsel for the petitioner points out to me the amended provisions of High Court Amendment of Order 6 Rule 17 which reads as follows: -

(3.) THE argument still is by the counsel that the suit would itself be barred under Order 2 Rule 2 CPC. In my, view, it is a wrong understanding of the provision of Order 2 Rule 2 CPC to contend that a suit for injunction cannot be brought through an amendment for specific performance and Order 2 Rule 2 CPC will be a bar. The said provision will operate only to a subsequent suit which seeks for a particular relief that must have been taken in the previous suit itself. If the suit were to contain one relief and yet another relief is sought to be brought through an amendment, the question of applying Order 2 Rule 2 CPC does not arise at all. Perhaps, this principle is misunderstood and some decisions have taken such a view. I am not detailing all those decisions which have taken the issue of Order 2 Rule 2 bar even at the time of amendment, for, it is unnecessary to put in this case. It can await a future litigation to expatiate on this principle.