MUNISH MALIK Vs. MOHALI BUS SERVICE AND OTHERS

JUDGEMENT

(1.) Impugned in the present revision is the order dated 1.4.2008, passed by the learned Civil Judge (Junior Division), Jalandhar, vide which the application of the plaintiff (respondent No. 1 herein) under Order 6, Rule 17 read with Sec. 151 of Code of Civil Procedure, 1908 (in short 'CPC') for amendment of the plaint, was allowed.

(2.) The brief facts of the case are that plaintiff/respondent No. 1 had filed a suit for declaration to the effect that defendant No. 6 (revisionist herein) does not belong to scheduled caste community and the scheduled caste certificate (Annexure-P-1), produced by him, is illegal. As a consequential relief, mandatory injunction was also sought, directing respondents No. 1 to 5 i.e. State authorities to release (sic) (read cancelled) the certificate of caste of defendant No. 6/revisionist. The suit was filed on 29.4.2007. After framing of the issues, when the case was fixed for the evidence of the plaintiff/respondent No. 1, the present application has been filed, seeking amendment of the plaint where further declaration was sought that the alleged route permit No. 247/Reg/Stage/89, issued to defendant No. 6/revisionist is result of fraud and deserves to be cancelled and the plaintiff/respondent No. 1 is entitled to ply any bus on this route. The said amendment was allowed by the learned Civil Judge (Senior Division), Jalandhar.

(3.) I have heard learned counsel for the parties and have also carefully gone through the file.