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Suresh Chandra v. Bimlesh Kumari - WRIT - C No. 8807 of 2007 [2007] RD-AH 3781 (2 March 2007)


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Hon. Pankaj Mithal, J.

Heard learned counsel for the petitioner.

The respondents No. 2 to 6 had filed a suit for permanent injunction against the petitioner which was decreed by the Trial Court. Against the said judgment and decree, the petitioner preferred an appeal. In appeal the respondents No. 2 to 6 applied for making amendment in paragraph 17 A & B of the plaint. By the proposed amendment, the respondents No. 2 to 6 wanted that the description of the suit property may be added as situated in "Mohalla Kishan Ganj", Hapur, Ghaziabad as the same was inadvertently left out from be incorporated in the prayer clause of the plaint i.e. paragraph 17 A & B, though otherwise the description was clear and the property was fully described by the plaint map also. No doubt this amendment application has been moved after a lapse of sufficient time but I find that the court below has assigned appropriate reasons for allowing the amendment in as much as the amendment neither changes the nature of the suit nor establishes a new case. The amendment in fact was more of a technical nature. Thus, the Court below had not erred in allowing the same. Therefore, I am of the opinion that no interference is called for in exercise of writ jurisdiction.

The petition is accordingly, dismissed.

Dt. 2.3.07

S.S. 8808/07


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