CHHAGAN LAL Vs. MAGH RAJ

JUDGEMENT

(1.) THIS is plaintiff's revision against the trial Court's order dated January 12, 1984 rejecting the plaintiff's application for addition of the party and for making consequential amendment in the plaint as a result of addition of the party.

(2.) ADMITTEDLY this prayer was made by the plaintiff to overcome the objection of non -joinder of the party taken by the defendants. This being so, there was no occasion to refuse addition of the party and the consequential amendment in the plaint. Even otherwise, before dismissing the suit on the ground of non -joinder of a party the Court has to give an opportunity to the plaintiff to implead the necessary parties. This being so, the prayer made by the plaintiff as a result of the defendants' objection should have been readily granted.

(3.) CONSEQUENTLY , the revision is allowed. The impugned order of the trial Court dated January 12, 1984 is set aside and the plaintiff's application for addition of a party and consequential amendment in the plaint is allowed. No costs.