DALIP KAUR Vs. MAJOR SINGH

JUDGEMENT

(1.) IN a suit for possession of land measuring 21 kanals 10 marlas and for permanent injunction restraining the defendants from alienating the land by way of sale, exchange, gift etc., the plaintiff filed an application under Order 6, Rule 17 of the Code of Civil Procedure, 1908 seeking amendment of the plaint by making a prayer for declaring the judgment and decree dated 20 -7 -1993 passed in Civil Suit No. 135 of 6 -2 -1990 entitled 'Major Singh v. Balbir Kaur' as null and void and ineffective against the rights of the plaintiff. The application for amendment was dismissed mainly on the ground that the same has been filed without explaining the alleged inordinate delay. It was further held that the proposed amendment of the plaint was likely to change the foundation of the suit by introducing the distinct cause of action.

(2.) I have heard the learned counsel for the parties and perused the record.

(3.) IT is true that amendment cannot be claimed as a matter of right and under all circumstances. The circumstances under which the prayer for amendment of the pleadings is to be allowed, as indicated hereinabove, are general and not exhaustive. The circumstances may differ from case to @page -PunjHar109 case and it would depend upon the facts of each individual case keeping in view the object that the Courts are to do substantial justice and not to punish a party on technical grounds. If the result of the application is only to force a party to start fresh litigation, such an approach must be discouraged and the parties allowed to litigate in the same lis with respect to the subject matter of the dispute without changing its basic character of the nature of the litigation.