K D RICE MILLS Vs. HAKIM RAI

JUDGEMENT

(1.) REFUSAL of amendment of plaint to the plaintiffs -appellants during the proceedings before the first Appellate Court, vide impugned order of 1.11.2013 [Annexure P/2], forms genesis of this revision petition.

(2.) A suit filed by the plaintiffs was challenged in its maintainability vide an application under Order VII Rule 11 of the Civil Procedure Code, 1908 [CPC]. Sequelly, vide order dated 2.9.2013 of the lower court, accepting the said application under Order VII Rule 11 CPC of the defendants, respondents herein, plaint was rejected. In terms of provisions of Section 2[2] CPC rejection of plaint having been statutorily taken as decree, order dated 2.9.2013 was challenged in appeal.

(3.) DURING the appeal, by way of an application for amendment of the plaint, a plea was raised that in the plaint, consequential relief which primarily resulted in rejection of the plaint, had been claimed inadvertently and only relief of permanent injunction was the main relief sought. The word 'consequential' from the heading of the plaint as also the words "as a consequential relief" from the prayer clause were sought to be deleted and some more land was sought to be added in paragraph No. 3 of the plaint which had allegedly been purchased vide the same sale deed, vide which other land already mentioned in the plaint, had been purchased.