SUNIL Vs. SUDHA DEVI

JUDGEMENT

(1.) THE petitioner, was the plaintiff before the learned trial Court, has filed this revision petition challenging the order of the learned Civil Judge (Junior Division) in case No.24-1 of 2001. Suit for permanent prohibitory and mandatory injunction was filed praying that a decree be passed in favour of the plaintiff and against the respondents restraining them from encroaching upon any part of the land of the plaintiff by making any construction etc. through his authorised servants, agents, and a decree for mandatory injunction ordering the respondents to remove the debris etc. from the land of the plaintiff and not to change its nature etc.

(2.) DURING the pendency of the appeal, the plaintiff moved an application under Order 6 Rule 17 of the Code of Civil Procedure read with Section 40 of Specific Relief Act, hereinafter referred to as the "Act", for amendment of the plaint. The amendment sought was to the following effect:-

(3.) I have heard learned counsel for the parties and have gone through the record.