MANSA RAM Vs. SMT NAND LAL

JUDGEMENT

(1.) The plaintiff (hereinafter referred to as 'the petitioner') maintained a suit for permanent prohibitory injunction before the Court below. When the proceedings were pending in the Court below, the petitioner moved an application under Order 6, Rule 17 of Civil Procedure Code for amendment of the plaint. The said application, after due consideration, was rejected by the learned trial Court and against that order, the present petition under Sec. 227 of the Constitution of India is maintained by the petitioner with a prayer to set aside the order of the Court below and allow the application filed under Order 6, Rule 17 of CPC.

(2.) The suit of the petitioner was under Sec. 38 of Specific Relief Act, restraining the respondent and his agents etc. from causing any interference or damage to the property of the petitioner comprising in Khewat Khatauni No.403/527 min, Khasra No. 942 measuring 1968 sq. mtrs. Situated at Village Chonri Ghati, Ward No.10, Tehsil and District Solan, HP. As per petitioner, respondent is owner in possession of the land situated at Village Chonri Ghati, Ward No.10, Tehsil and District Solan, HP comprised in Khasra No.944, measuring 14-15 bighas and has started construction over Khasra No. 944. While levelling his land, the respondent cut the land in such a manner which caused damage to the land of the petitioner. Resultantly, the land of the petitioner was damaged and standing crop of tomato had also fallen. On the complaint of the petitioner dated 21.7.2008 before the police, the respondent before the police admitted the damage and further agreed that he will construct the retaining wall to protect the land of the petitioner. As per the petitioner, the damage was assessed at Rs.50,000.00. The petitioner's case is that the respondent has not constructed the wall, so, he may be allowed to amend the plaint by inserting following paras:-

(3.) As per petitioner, the amendment will not change the nature of the suit and also not change the cause of action and it will help the Honourable Court in pronouncing the judgment conclusively and amendment be allowed as it is in the interest of justice.