Sanjay Kumar v. Ashray Omar

Heard learned Counsel for the petitioner at length. An application for amendment to the plaint was granted by the Civil Judge (Sr. Div.), Banda (sitting as the Judge, Small Cause Court) in SCC Suit No.3 of 2019 vide order dated 24.12.2020. The said order was challenged by the defendant-petitioner before the District Judge of Banda vide SCC Revision No.7 of 2021. The said revision has been dismissed by the order impugned dated 03.12.2021. Aggrieved, this petition under Article 227 of the Constitution has been filed. A perusal of the plaint, giving rise to SCC Suit No.3 of 2019 shows that it is a suit filed for eviction, recovery of arrears and mesne profits by the plaintiff-respondent, Ashray Omar. The amendment that the plaintiff has sought is in paragraph nos.1, 2 and 6 of the plaint, where a correction to the particulars of the date and year, mentioned there, had been prayed. In paragraph no.6 of the plaint, addition of the word 'पततकर' was sought. It was urged that the amendment was clerical in nature and ought to be allowed. The defendant-petitioner took a stand that the amendment was such that if granted, would change the nature of the suit. Both the Courts below have accepted the prayer for amendment. In the opinion of this Court, the prayer has been rightly accepted, inasmuch as the amendment that has been sought is merely about some dates, figures and the addition of a word, which ex facie does not change the nature of the suit or violate any principle that forbid the grant of amendment. In the circumstances, no case for interference with the impugned order is made out. This petition fails and is dismissed summarily. Order Date :- 22.4.2022 Anoop SINGH Reason: Location: High Court of Judicature at Allahabad