SMT. TARA WATI Vs. SEES RAM

JUDGEMENT

(1.) THIS is a petition for revision directed against an order of the Subordinate Judge, 1st Class, Kandaghat, refusing to grant permission to amend the plaint.

(2.) THE plaintiff, Shrimati Tara Wati, instituted a suit in March, 1964 against the defendant, who is a Patwari of village Sainj, for cancellation of a gift deed executed by her on 10th May, 1960 in favour of the defendant with respect of properties comprising agricultural land and residential house etc. In paragraph 3 of the plaint it was alleged that the gift had been made conditional on the defendant maintaining and serving the plaintiff and her husband during their lifetime. In paragraph 4 it was pleaded that even prior to the execution of the deed of gift the defendant had persuaded the plaintiff to execute a will in his favour and agreed to serve the plaintiff but when the will had been executed the defendant refused to serve her and her husband until the plaintiff made a gift. The gift deed was made on the aforesaid representation of the defendant as the plaintiff and her husband were both old persons and could not cultivate the land personally. In paragraph 5 it was stated that the defendant had refused to maintain the plaintiff and her husband and had neglected to do so and thus had committed a breach of the condition of the gift. After the issues had been framed and a date fixed for evidence an application was made for amendment of the plaint. Paragraphs 2, 3 and 4 of this application deserve to be reproduced :

(3.) THAT in advertently the plaintiff omitted to state this additional ground as a basis of the relief claimed by him in plaint.