AMANULLAH SIDDIQUI Vs. SAYED MANSUR ALI

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 22/11/2024 passed by the learned Additional District Judge, Deedwana, Merta in Civil Original Suit No.13/2023 whereby the application under Order 6 Rule 17, CPC as filed on behalf of the plaintiff was allowed.

(2.) Learned counsel for the petitioners raised three grounds : Firstly, the amendment as prayed for could not have been allowed as by the said amendment, reliefs for declaration and possession were sought to be added which would change the nature of the suit. Secondly, the said reliefs could not have been prayed for without serving the notice in terms of Sec. 304 of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as the 'Act of 2009') which is a mandate. Thirdly, no cause of action for the reliefs sought to be added vide the amendment arise to the plaintiff.

(3.) Heard learned counsel for the petitioners and perused the material available on record.