DEWAN CHAND Vs. KALYAN DASS

JUDGEMENT

(1.) This petition is directed against the order of the Additional District Judge Karual, dated 10th April, 1986 whereby amendment of the plaint has been allowed in appeal.

(2.) Two suits were filed for permanent injunction - one by Kalyan Dass and the other one by Diwan Chand. In both the suits it was pleaded respectively that they were the tenants in the suit land under the Municipal Committee, Karnal. Both the suits were consolidated and were decided simultaneously. The suit filed by Diwan Chand was decreed whereas the suit filed by Kalyan Dass was dismissed. It was held that Diwan Chand was the tenant in the shop in dispute under the Municipal Committee and he could not be dispossessed except in accordance with law. Dissatisfied with the same Kalyan Dass filed two appeals. In the appeal arising out of the suit filed by him he sought ejectment of Diwan Chand alleging that since he was dispossessed during the pendency of the suit, he was entitled to the relief of possession. In the said application it was also pleaded that Diwan Chand was a licencee under Kalyan Dass : The said application was contested by Diwan Chand. The learned Additional District Judge, Karnal, took the view that it is well settled law that however negligent or careless may have been the first omission and however late may be the proposed amendment, the amendment should be allowed if it is made without prejudice to the other side. On that basis he allowed the necessary amendment in the plaint at the appellate stage on payment of Rs. 250/- as costs. Dissatisfied with the same Diwan Chand has filed this petition in this Court.

(3.) At the time of motion hearing it was contended that not only the prayer of claiming the possession in the suit has been allowed but also the plea that the defendant was a licencee under the plaintiff.