9911796707
TMI Blog1950 (2) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... C.J. 1. This is a petition for revision of an order of a learned Subordinate Judge refusing to amend a plaint. The plaintiff brought a suit for a declaration of his title in certain land of which he claimed to be in possession. The land was described in Schedule Ka of the plaint and the plaintiff claimed a six anna interest therein. On one reading of the plaint it would appear that the plainti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ff possessed any demarcated portion of any of the plots of the suit land. That is true to some extent, but, as I have said, there is also a plea that the plaintiff was in exclusive possession of his share by cultivation and it is impossible to cultivate exclusively six annas of any property unless that share has been demarcated or separated from the remaining ten annas. 3. The learned Judge als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e plaintiff should be given leave to amend the schedule to his plaint so that the Court could decide the real issue in the case; that is whether or not the plaintiff was entitled to portions of these plots which he alleged he had possessed exclusively by cultivation. That being so, if we have power to interfere, I would be inclined in this case to set aside the order of the learned Subordinate Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of both. The Bench further held that the Court could interfere where the lower Court had wrongly rejected an application to amend. 6. It might be suggested that the recent pronouncements of their Lordships of the Privy Council are not consistent with this case. But it must be observed that this case deals not only with Section 115, Civil P. C., but with Section 107, Government of India Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 115, Civil P. C. or under powers which we now possess under the new Constitution to superintend the lower Courts. 7. That being so, I would allow this application, set aside the order of the learned Subordinate Judge and remand the case to him, with the direction that he should allow the amendment of the plaint as prayed. An opportunity of course must be given to the defendants to file a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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