Rajendra Prasad v. Civil Judge (S. D. ), Ratangarh
2008-07-25
VINEET KOTHARI
body2008
DigiLaw.ai
JUDGMENT 1. - Heard the learned counsel for the parties. 2. This petition is directed against the order dated 19.9.2005 whereby the learned trial Court has rejected the application under Order 6 Rule 17 C.P.C. filed by the plaintiff seeking amendment in his plaint. The plaintiff wanted to add para 3, 4, and 5 in the plaint and para No.6, 7 and 8 for minor corrections in the plaint. 3. The learned counsel for the petitioner submits that defendant No.2 was the son of the defendant No.1 Mohan Lal, who expired during the pendency of the suit and one of the grounds of eviction was subletting by the father to the son, namely defendant No.1 to defendant No.2. After the death of defendant no.1 he prayed for amendment in the plaint to treat the defendant no.2 as main tenant . This amendment has been refused by the learned trial Court on the ground that after the death of defendant No.1, son alone remained in the suit shop and allowing such amendment would do away with the ground of subletting which the plaintiff had taken. This Court finds no error in the said part of the order of the learned trial Court. 4. Other para No.5 which the plaintiff wanted to add in the plaint is about personal bonafide necessity of the suit premises in view of the subsequent development in the form of repair and renovation of Dharmshala in question and for keeping a chowkidar/Munik in the said Dharmshala, the said suit premises were required by the plaintiff. For incorporating that in the plaint, para 5 was sought to be added in the plaint. This amendment has also been refused by the learned trial Court. 5. After hearing the learned counsel for the parties, this Court is of the opinion that the learned trial court has erred in refusing amendment by way of incorporating para 5 in the plaint regarding personal and bona fide necessity of the plaintiff. 6. Accordingly this writ petition is partly allowed and the plaintiff is permitted to add para 5 regarding personal and bona fide necessity in the plaint. No order as to costs.Writ petition partly allowed. *******