DARBARA SINGH Vs. VERSUS AKHSHAYA KUMAR JULKA

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the Subordinate Judge 1st Class, Ludhiana, dated 9th December, 1982, partly disallowing the application of the Plaintiff for amendment of the plaint.

(2.) BRIEFLY , the facts are that the Plaintiff instituted a suit for possession of the property in dispute against the Defendant inter alias on the ground that he allowed the Defendant to occupy the -property for a few days only but he, did not vacate it. Later, he filed an application under Order 6 Rule 17, Code of Civil Procedure; for amendment of the plaint and sought two amendments; first, the correction of the name of the Defendant and second, introduction of a claim of Rs. 7,200 on account of damage for use and occupation for three years prior to the date of filing the suit. The application was contacted by the Defendant in respect of the latter but not the former amendment. With regard to the latter amendment, he inter alias pleaded that it was barred by the provisions of Order 2, Rule 2, Code of Civil Procedure. The learned Subordinate Judge allowed the first amendment on payment of Rs. 50 as costs while he disallowed the second amendment on the ground that it was barred under Order 2, Rule 2(3) of the Code. The Learned Counsel for the Petitioner submits that Order 2, Rule 2 applies if a claim, which could be made in the earlier suit, is not made there but is made in the subsequent suit, and not to the claim sought to be introduced by way of amendment. In order to determine the question it is advantageous to read Order 2, Rule 2, Code of Civil Procedure, which is as follows:

(3.) FOR the aforesaid reasons, I accept the revision petition, set aside the order of the trial Court and remand the case to it for deciding the application relating to the prayer for introduction of claim of Rs. 7,200 on merits. The costs in the revision petition shall be the costs in the cause. The parties are directed to appear before the trial Court on 6th April, 1983.