SHAMEEMA AKHTER Vs. AB. JABBAR LONE

JUDGEMENT

(1.) The Petitioner is aggrieved of order of Learned 3rd Additional Munsiff Srinagar, dated 18.5.2009 in an application for grant of permission to amend the plaint, whereby Learned Trial Judge has rejected the application and disallowed prayer for amendment of the plaint.

(2.) It appears that the Petitioner on 28.5.2004 filed a Civil Suit against her father-Respondent herein, pleading therein that out of funds organized by the Petitioner, the Respondent purchased a plot of land measuring 2-1/2 Kanals, comprising survey numbers, detailed in Para 11 of the plaint and thereafter made a gift of the purchased property in favour of the Petitioner. The Petitioner averred that she, being a Government Teacher, had the funds available from her monthly salary to finance the transaction. The Petitioner complained that the Respondent after his retirement, had started residing in a part of the purchased property and was interfering with her possession over the purchased property. The Petitioner sought a decree of permanent injunction, perpertually restraining the Respondent from causing any interference in the Petitioner's peaceful possession over the purchased property.

(3.) The Petitioner later made an application for amendment of the plaint and sought, inter-alia, to implead the land broker, through whom, according to the Petitioner, the transaction was made. The amendment application was dismissed vide order dated 06.05.2008 and a review petition filed by the Petitioner to get the order, disallowing the amendment application, reviewed met the same fate. The Petitioner, thereafter, on 18.5.2009 filed a fresh application for amendment of the plaint. The Petitioner, this time, pleaded that there were some typographical errors and omissions in the plaint that had remained unnoticed and that the Petitioner intended to rectify typographical errors. Though the Petitioner in the amendment application did not seek permission to amend the relief clause in the plaint, yet in the proposed amended plaint, appended to the application for amendment, the relief of declaratory decree, declaring the Petitioner owner of the property measuring 02 Kanals & 10 Marlas comprising survey No. 2119/1591/630, Khewat No. 284 situated at Shams Abad, Bemina, was incorporated. The Learned Trial Judge vide order dated 18.5.2009 dismissed the application and disallowed the prayer for amendment of the plaint. The Petitioner aggrieved of the said order has come up with present Civil Revision Petition.