CHANDAN LAL Vs. KESHAV DEV

JUDGEMENT

(1.) THIS is plaintiff's revision against a part of the trial Court's order dated May 27, 1978, by which some amendments sought to be made in the plaint have been disallowed. The suit was filed by the plaintiff on February 5, 1975 for declaration of his title to a wall and the consequential relief of injunction.The plaintiff then applied for amending the plaint.The substance of the amendments sought by the plaintiff as summarised by the Court below in the impugned order Is as under:

(2.) THE trial Court has permitted the plaintiff to amend the plaint only as mentioned in the above item No. 2, but the remaining amendments proposed in the plaint have been disallowed. Hence this revision by the plaintiff.

(3.) THE plaintiff seeks a decision of the dispute on the basis of the same title, which he had claimed initially in the plaint and apparently the alleged further cause of action arising on April 20, 1975 is a subsequent happening during the pendency of the suit. It is therefore, appropriate and also apposite that all such disputes between the parties should be decided in the same suit instead of driving the plaintiff to another suit. Learned Counsel for the respondent, however, contended that the question of limitation may also have to be examined. It is sufficient to mention that any such objection available to the defendant can be raised by him for decision on merits by the trial Court. That is however, not a reason which can be relied on for refusing an amendment in the pleadings.