RAM AVTAR SHARMA Vs. JAGDISH RAM

JUDGEMENT

(1.) This revision by the plaintiff under S.115 of the Civil P. C. is directed against an order dated 27-1-1983 passed by the 1st Munsif, Chapra, in Title Suit No. 37/1969, rejecting the amendment petition of the plaintiff.

(2.) The plaintiff-petitioner filed a suit for specific performance of the contract on the basis of a Mahadanama dated 9-5-1968. Originally there were five defendants in the suit. One Smt. Vindhyachali Devi purchased the disputed property sometime in the year 1976 and, accordingly, sometime in the year 1980, she has been added as a party defendant No. 6. It is unfortunate that, though the suit is of the year 1969, for some reason or the other, the suit has not yet become ready for hearing. After defendant No. 6 was added and she filed written statement, a petition was filed by the plaintiff on 23-4-1981 for amendment of the plaint. By this petition the plaintiff-petitioner prayed to add the following sentence at the end of para No. 16 of the plaint :

(3.) A rejoinder to this application was filed by defendant No. 6, who is opposite party No. 6 in this revision application, contesting the said petition. Both the parties were heard in the amendment matter and thereafter the impugned order has been passed rejecting the amendment petition. From the impugned order it appears that the Court below was of the view that if the amendment is allowed, then the defendant would be deprived of a valuable right which has accrued to him.