SATYA DEVI AND ORS Vs. BAGGI DEVI

JUDGEMENT

(1.) The plaintiffs are partly aggrieved of the order dated 27.11.2008 passed by the Civil Judge (Jr. Division), Nadaun, Distt. Hamirpur (H.P.) in Civil Suit No. 226/1997 titled as Satya Devi etc. v. Amriti Devi etc. The order was passed on the plaintiffs' application filed under Order 1 Rule 10 CPC seeking permission to delete the name of original defendant No. 1 Smt. Amriti Devi, who died during the pendency of the suit and also seeking permission of the Court to amend the plaint under Order 6 Rule 17 CPC.

(2.) In the impugned order, the Court below has allowed the deletion of the name of original defendant No. 1 as her legal representative was already impleaded as original defendant No. 2. However, the prayer for amendment was rejected which part of the order has been assailed in the present petition. By way of amendment, the plaintiffs are seeking to change the heading and the relief clause of the plaint by incorporating another relief and making the original relief claimed to be an alternate relief. The amendment stands rejected primarily for the reason that it would seriously prejudice the defendants as with dishonest intention the plaintiffs are trying to introduce altogether a different case based on different cause of action. The amendment would certainly change the nature of the subject-matter of the suit.

(3.) I have heard the learned Counsel for the parties and also perused the record.