RATI RAM Vs. INDER

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 29.9.1988 whereby an application for amendment of the plaint was declined.

(2.) The plaintiff-petitioner filed a suit for permanent injunction restraining the defendant from interfering in any manner in his possession of the property in dispute. The suit was filed on 6.8.1981. When it came up for hearing, an application for amendment of the plaint was moved whereby the plaintiff wanted to take a new plea. This application was resisted by the defendant-respondents. The trial Court dismissed the same with the observation that there was no valid reason to allow the amendment and if the said amendments were allowed, then there is no end to litigation. Moreover, the proposed amendments will create a new cause of action and will change the entire nature of the case which will amount to re-opening the case afresh.

(3.) Learned counsel for the petitioner submitted that the delay itself was no reason to decline the amendment which according to him was necessary to determine the real controversy between the parties. In support of this contention, he referred to :