RAMSUKH Vs. RUKMA DEVI

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner as well as learned Counsel for the respondent. Perused the order dated 22.1.2001 by which the amendment application under Order 6 Rule 17 C.P.C. of the plaintiff was dismissed by the trial court.

(2.) THE plaintiff submitted an application under Order 6 Rule 17 C.P.C. alleging that the Municipal Board, Jaitaran granted permission to raise construction to the defendant under Section 170 of the Rajasthan Municipalities Act, 1956 and that permission is liable to be cancelled by declaring it as illegal. According to learned Counsel for the petitioner, the petitioner when came to know about the fact of permission from the Municipal Board, Jaitaran granting permission to raise the construction to the defendant from the written statement filed by the defendant they impleaded Municipal Board, Jaitaran as party to the suit and the court permitted to implead the Municipal Board, Jaitaran as party and, therefore, when the Municipal Board, Jaitaran is also party in the suit, the plaintiff rightly sought permission to amend the plaint for the purpose of seeking relief of declaration of the construction permission as illegal. According to the learned Counsel for the petitioner the plea taken by the defendant will adversely effect the parties of the plaintiff and therefore, the amendment was necessary.

(3.) THE trial court after hearing the arguments held that the permission was granted on 14.1.2000 whereas the suit was filed on 6.3.2000. The application for amendment was filed on 4.1.2001. The trial court also observed that the permission granted in favour of the defendant became final. After going through the facts of the case the trial court rejected the amendment application and held that the permission in favour of the defendant became final and a right accrued in favour of the defendant.