BASHIMBAR DASS Vs. GANGA RAM

JUDGEMENT

(1.) The petitioner invokes supervisory jurisdiction of this Court while seeking quashment of order dated 07.11.2015 (for brevity "impugned order) passed by the court of City Judge, Jammu (for brevity "trial court?) in case titled as "Bishamber Dass vs. Ganga Ram".

(2.) A civil suit for permanent prohibitory injunction came to be instituted by the petitioner herein as plaintiff against the respondent herein, impleaded as a defendant, for restraining him from encroaching and raising any constructions on the Gair Mumkin Gali (Path) of the plaintiff measuring 7"X33" Sft. as also to restrain the defendant from interfering in the peaceful possession of the plaintiff thereof.

(3.) During the pendency of the aforesaid suit an application for amendment of the plaint came to be filed by the plaintiff/petitioner herein on 11.02.2015 seeking amendment in various paras of the plaint detailed out in the said application. The said application came to be dismissed by the trial court in terms of the impugned order. The order is being challenged inter alia on the grounds that the trial court misdirected the principles governing amendments. The amendments sought in essence are stated to have elucidated the suit without converting the injunction suit to any other suit. The respondent despite having been summoned and served did not choose to either appear or respond to the instant petition.