BHAGWAN SINGH Vs. NANAK SINGH AND ORS.

JUDGEMENT

(1.) Aggrieved by the rejection of his application, seeking amendment of the plaint, to include the relief of possession therein, besides introducing consequential amendments in some of the paragraphs of the plaint, by the trial Court of Sub Judge, Chief Judicial Magistrate, Jammu, the petitioner has filed this Civil Revision Petition questioning the order on the ground that the trial Court has erred in refusing amendment, on the plea that if allowed, it would take the suit out of the jurisdiction of the Court.

(2.) Placing reliance on Raj Kumar v. Benoy Kumar, 1985 AIR(Cal) 328, Shiban Kishen v. Mohd. Lalief Khan and anr,1983 KerLJ 147, Sudershan Singh v. Mohan Lal,1981 KerLJ 252, Raj Paul v. Om Parkash,1984 KerLJ 123 and M/s Modhi Spinning & Weaving Mills Co. Ltd. And another v. M/S Ladha Ram & Co, 1977 AIR(SC) 680, respondent no. 1 's learned counsel supports the order impugned in the petition.

(3.) I have considered the submissions made and the judgments cited at the Bar, by learned counsel for the parties.