RAM NIWAS Vs. BRAMCHARI AND ORS.

JUDGEMENT

(1.) THE revision is against the order permitting at the appellate stage, a petition for amendment filed at the instance of the plaintiff/respondent in appeal for including the prayer for recovery of possession of property in a suit for specific performance. The amendment is in terms of Section 22 of the Specific Relief Act, to include the relief of recovery of possession in the suit for specific performance. This provision has been considered by Hon'ble the Supreme Court in several decisions and various courts that this power shall be construed liberally and amendment could be ordered "at any stage of the proceeding" till the stage when the matter is before Hon'ble Supreme Court. Proviso to Section 22 itself contemplates the right of a party to claim any relief which had been omitted at any stage of the proceedings (emphasis supplied) and allow him to amend the plaint on such terms as may be just for including a claim for such relief. The order passed by the appellate court is perfectly justified and the appellant revision petitioner cannot be said to be in any way prejudiced by such a prayer. If the prayer for recovery of possession of property is always considered as an ancillary relief, the only objection that is possible could be in relation to the territorial jurisdiction and even that plea may not be possible in a case where the suit itself has been disposed of after evidence of parties on merits.

(2.) NEEDLESS to state that the appellant shall have a right to make an additional pleading consequent on the amendment as permitted to be made in the pleadings of the plaintiff. Subject to this liberty, the Civil Revision is dismissed.