KARTAR KAUR Vs. SOHAN SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the trial Court dated 31. 10. 19 declining amendment of the plaint.

(2.) BY an application the plaintiff wanted to make only one addition in the heading of the plaint as well as in the relief clause. The precise amendment sought was " as consequential relief suit for joint possession of 1/2 share in the above mentioned land. " In the relief clause following amendment was sought "as a consequential relief of decree for joint possession of 1/2 share in the above mentioned land". The amendment has been declined on the ground that it would change the nature and character of the suit.

(3.) IN view of the ratio of law laid down in Bhagat Singh and Baljit Singh's cases (supra) and in view of the statement of the counsel for the petitioner that he does not want to lead evidence, this Court is inclined to allow the application at the stage of motion hearing. The amendment would be subject to payment of Rs. 1,000/- as costs.