URMILA DEVI Vs. STATE BANK OF INDIA TUPUDANA

JUDGEMENT

(1.) THIS civil revision application, at the instance of the defendant -petitioner, is directed against the order dated 15 -2 -99 passed by Sub -Judge, IX, Ranchi in Money Suit No. 40/84 whereby the petition filed by the plaintiff/opposite party No. 1 seeking amendment in the plaint has been allowed and the Money Suit has been ordered to be converted into a Mortgage suit.

(2.) THE relevant facts of the case for consideration of the matter are as follows:

(3.) PENDING hearing of the suit, the plaintiffs filed an application under Order VI, Rule 17 read with Section 151, C.P.C. seeking amendment in the plaint by making additional prayer for a mortgage decree in respect of the properties alleged to have been given by the petitioners by way of equitable mortgage. The said prayer was opposed by the petitioners by filing rejoinder and the Court below, by the impugned order, allowed the amendment application for amendment of the plaint.