NARENDRA PRASAD SAHA Vs. ANAND KUMAR SHARAFF

JUDGEMENT

(1.) THIS revision petition has been preferred against the order dated 14.3.2000 passed by the Sub - Judge III, Deoghar, in Title Suit no. 6 of 1992 whereby the prayer made by the added plaintiff - opposite parties for amendment of the plaint under Order 6 rule 17 read with section 151 of the Code of Civil Procedure has been allowed.

(2.) ORIGINALLY the suit was filed by opposite party no.1 against the father of the petitioner for eviction on the ground of default. Opposite party nos. 2 and 3 have purchased the suit premises during the pendency of the suit by registered sale deed dated 17.11.1997 and on purchase they prayed to be added as coplaintiffs under Order 1 rule 10 (2) of the Code of Civil Procedure which was allowed. Then a petition was filed under Order 6 rule 17 read with Section 151 of the C.P.C. for amendment of the plaint to add a new paragraph 9(A) in the plaint praying to add a further ground of personal necessity for the purpose of eviction. Such a ground was stated in the following manner that plaintiff nos. 2 and 3 are contemplating to start a hotel business in the suit premises and for that purpose the suit premises have been purchased by them. Such prayer of amendment has been resisted by the petitioner -defendant on the ground that the added plaintiffs i.e. the purchasers from the original plaintiff cannot add the new ground of personal necessity as the same was available only to the original landlord but such objection has been rejected by the learned court below and amendment as prayed for was allowed by the impugned order. Hence this revision petition.

(3.) /1/2013 Page 252 Bihar State Industrial Development Corporation Limited Versus Dharmaraj Pandey subsequent situation and position any other ground of eviction was available to the landlord the same may be included in the same eviction suit and for that purpose no other suit should be filed. Here the added plaintiffs had filed petition for adding the grounds of personal necessity together with whatever ground which was already taken by the original landlord.