RAVI SAWLANI Vs. BISHOP COTTON SCHOOL

JUDGEMENT

(1.) THIS revision petition has been preferred by the petitioner who is the plaintiff before the learned trial Court against the order passed by the learned Civil Judge (Senior Division), Shimla, dismissing the application of the plaintiff for permission to amend the plaint.

(2.) THE plaintiff had instituted a suit against the defendants inter alia under Sections 34 and 38 of the Specific Relief Act (hereinafter referred to as the "Act") praying therein that a decree for declaration be granted in his favour and against the respondents declaring that the termination of the services as conveyed to the plaintiff-petitioner by a letter dated 30.3.2006 is wrong, illegal and in violation of the service rules applicable to the plaintiff; a consequential relief in the nature of a decree for permanent prohibitory injunction restraining the defendants-respondents from terminating his services. An alternate prayer for decree for recovery of the remaining salary for the period for which the plaintiff was to serve was also prayed for alongwith compensation/damages.

(3.) THIS application was resisted by the defendants on a number of grounds including the fact that the pleadings had not been made in the plaint by exercise of a due diligence and the facts alleged could not be allowed to be incorporated by way of an amendment at this stage.