ALMU Vs. GUSAOON

JUDGEMENT

(1.) This is a Defendant's revision petition against an order of the learned Senior Subordinate Judge, Mandi, allowing an amendment of the plaint.

(2.) The Plaintiff filed a suit for declaration that he was in joint ownership and possession of certain parcels of land and was entitled to claim partition thereof. The Defendant contested the suit and alleged that the suit was incompetent as the Plaintiff was out of possession on the date of the institution of the suit and, therefore, a declaratory relief alone was not competent. Some time later the Plaintiff applied for amendment of the plaint alleging that he had been dispossessed during the pendency of the suit and claimed permission to amend the plaint so as to include a relief for possession also. The Defendant took two grounds against the amendment application. One was that if the amendment was allowed it would result in changing the cause of action. The other ground was that the amendment application had been moved mala fide.

(3.) The amendment application has been allowed by the learned Senior Subordinate Judge by his order dated May 15, 1975, and the Defendant now applies in revision.