RAMU CHOUDHARY Vs. RAMESH JHA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel appearing on behalf of the opposite parties.

(2.) THIS Civil Revision is directed against the order dated 20.9.2006 passed by the Sub Judge -I, Benipur (Darbhanga) in Title Suit No.9 of 2004, whereby a petition for amendment in the plaint has been allowed by the court below. It is submitted on behalf of the petitioner that the suit has been filed for passing a decree of preemption with respect to the suit land in favour of the plaintiff and directing the defendants to execute the sale deed thereof in his favour. One of the reliefs sought is also for grant of permanent injunction against the defendants from interfering with the possession of the plaintiff. Subsequently, the plaintiff filed a petition under Order VI Rule 17 of the Code of Civil Procedure for certain amendments in the plaint. A copy of the aforesaid application has been appended to this Civil Revision as Annexure -1. It is stated on behalf of the petitioner that by the amendment the plaintiff wants to change the nature of the suit from a suit for preemption to be a suit for declaration of specific performance of contract as one of the amendments, as incorporated in paragraph 6, is to the extent that the defendants executed a Yaddastta document of the aforesaid special contract in favour of the plaintiff but by lapse of time it was out of the memory of the plaintiff and the same has now been procured from bundles of papers kept in the house of the plaintiff. In that view of the matter it is urged that by incorporating the factum of aforesaid memorandum the plaintiff wanted to change the nature of suit from suit for pre -emption to suit for specific performance of contract.

(3.) LEARNED counsel for the petitioner had produced a copy of the plaint at the time of hearing of this case for perusal.