KAMAL KUMAR Vs. BHERU BUX & ORS

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 17.09.2011 passed by Addl. Civil Judge (Jr.Div.) & Judicial Magistrate, 1 st Class No.2, Bikaner, whereby the learned Judge has dismissed the application filed by the petitioner for amending the plaint.

(2.) The brief facts of the case are that the petitioner filed a suit for permanent injunction for restraining the respondents from raising construction stating that construction being raised by respondent No.1 & 2 was illegal as no permission for the same was obtained. The respondents filed their written statement to the suit. After framing of issues, the petitioner moved an application to amend the suit. However, vide order dated 17.09.2011, the learned Judge dismissed the application. Hence, this petition before this Court.

(3.) Mr. Ajay Vyas, the learned counsel for the petitioner, has vehemently contended that the petitioner was merely trying to bring subsequent development of the case to the notice of the trial Court. He was further trying to point out to the court that certain constructions have been carried out by the defendants which violate some of his civil rights. Therefore, not only the body of the plaint even the prayer clause needed to be amended. However, the learned Judge has erred in observing that the relief prayed for by the petitioner can be granted in answer to the last residuary issue with regard to the relief to which the plaintiff would be entitled to. Therefore, he has rejected the application. Secondly, that by amending the plaint, the petitioner was not going to change the nature of the suit.