MOHD MAQBOOL Vs. AHMED DAR

JUDGEMENT

(1.) MUNSIFF Bandipora has disallowed an application of the plaintiff for amendment of his plaint, vide his order dt. 1 -10 -1983, which is impugned in this revision petition.

(2.) THE petitioner had moved an application for amendment of the plaint to the effect that he be permitted to add Survey No. 1607 to the plaint. His suit was for injunction in relation to Survey Nos. 1601 and 1602. He had also claimed relief in respect of trees standing on the said survey numbers. It had transpired during the course of trial that the trees are standing on the Survey No. 1607 and amendment was, therefore prayed for. The Munsiff has given two reasons for rejecting the amendment. One, that it will change the cause of action and the other that the application for amendment was belated one.

(3.) I have heard the learned counsel for the parties and have considered the impugned order.