SAWAN SINGH Vs. RADHA KISHAN

JUDGEMENT

(1.) This is a Defendant's revision petition under paragraph 35 of the Himachal Pradesh (Courts) Order, 1948 against an order allowing an amendment of the plaint.

(2.) The Plaintiff -Respondent filed a suit for Rs. 20,360/ -on the basis of a mortgage. He alleged that the Defendant Petitioner had purchased a truck from him and had also taken a loan of Rupees ten thousand for redeeming his land. He mortgaged the land and also pawned the truck with the Plaintiff for Rs. 27,000/ - in terms of the mortgage deed. One of the terms was that the Defendant would pay the mortgage amount by monthly instalments of Rs. 1,540/ -each and on default in payment of three instalments the Plaintiff would be entitled to recover the whole of the balance of the mortgage amount. The Plaintiff pleaded that the Defendant had not paid the instalments as agreed, and hence the suit for the recovery of Rs. 20,360/ -representing the amount of the instalments which had been the subject of default.

(3.) The trial court framed issues in the suit and recorded evidence. Thereafter it was discovered that one issue had not been framed and on November 6, 1971, the trial court framed the issue and called for evidence thereon. At that stage the Plaintiff filed an application for amendment of the plaint in order to include relief in respect of the whole amount of Rs. 35,800/ - which had fallen due on the mortgage.