RAMAVTAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision under Section 115 of the Code of Civil Procedure filed by the plaintiff, is directed against the order of the Additional District Judge No. 2, Jaipur, dated 8th September, 1973, dismissing his application under Order 6 Rule 17 of the Code for amendment of the plaint.

(2.) THE material facts, in brief, are these. The plaintiff Dr. Ramavtar Sharma brought the suit for declaration of his seniority as a Reader in Medicine over defendants No. 2 to 20 and for grant of perpetual injunction against defendant No. 1. The plaintiff had inter alia challenged the appointment of defendant No. 14 Dr. M.S. Mathur to the post of Reader in Medicine in preference to biro. During the pendency of the suit, the Rajas -than Medical Service (Collegiate Branch) Rules. 1962 were amended w.e.f. 1st March 1969 by insertion of a proviso to Rule 20 by Modification dated 14th March 1973 After the amendment, defendant No. 14 Dr. M.S. Mathur was routed as Medical Superintendent of the Associated Group of Hospitals at Ajmer. The plaintiff, therefore, applied under Order 6 Rule 17 of the Code for making consequently amendment of the plaint. That application of his has been rejected by the learned Additional District Judge on the ground that the promotion of Dr. Mathur as Professor gives rise to a fresh cause of action and in the absence of notice under Section 80 of the Code the amendment cannot be allowed.

(3.) THE of vision, therefore, succeeds and is allowed. The order passed by the Additional District Judge is set aside and the application filed by the plaintiff under Older 6 Rule 17 of the Code is allowed, with the direction that the Additional District Judge shall permit the defendants to make con -sequential amendment of their written statements, if so advised. There shall be no order as to costs.