NIRMALA Vs. COLLECTOR JODHPUR

JUDGEMENT

(1.) This revision petition under S. 115 of the Code of Civil Procedure, 1908 is directed against the order dated 10-12-1996 passed by the learned Additional Civil Judge [Junior Division], Jodhpur City, Jodhpur whereby the application filed by the plaintiff under O. VI, R. 17, C.P.C. was refused.

(2.) The brief facts of the case are that the plaintiff-petitioner owns a house along with a piece of land at Kalal Colony, Jodhpur which was purchased by her from one Anant Ram vide registered sale deed dated 3-3-1967. It is also relevant to mention here that the said Anant Ram had also purchased this plot from one Rawatsingh vide registered sale deed dated 3-6-1958. Since then the plaintiff is in possession of this house and open land. The open piece of land has been shown in red colour in the site plan.

(3.) The plaintiff-petitioner moved an application under O. VI, R. 17, C.P.C. seeking amendment in her suit. She has averred that though certain averments have been made in the suit regarding her adverse possession over the suit property but however, no relief in the shape of declaration has been sought by her in the plaint. She, therefore, prayed that she may be allowed to amend the plaint seeking declaration that since she has been in adverse possession over the suit property, she has become its owner.