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Golla Lakshmiah Naidu Vs. Golla Krishnaswami Naidu and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in155Ind.Cas.1016
AppellantGolla Lakshmiah Naidu
RespondentGolla Krishnaswami Naidu and anr.
Cases ReferredIn Charan Das v. Amir Khan
Excerpt:
civil procedure code (act v of 1908), order vi, rule 17 - amendment of plaint--suit to declare right to worship for particular year--expiry of year before trial--amendment of plaint for declaration of right to worship by turns--permissibility. - .....march 1933, apparently for no fault of the plaintiffs. by that time the year for which they were entitled to possession had elapsed. the defendant, urged that they must be, therefore, non-suited as a mere prayer for declaration without possession could not be granted. the plaintiffs asked to amend their plaint by claiming the relief they were entitled to, viz., to get possession during alternate years. this amendment was allowed by the court and against the order allowing it the present revision petition is filed.3. the argument of the petitioner is that the amendment enlarges the scope of the suit. it may be noted here that it was contended for the plaintiffs even at the time of the amendment that the suit was maintainable even as it stood without amendment; and the lower court.....
Judgment:

Pakenham Walsh, J.

1. The plaintiffs sued for a declaration that they are Golla Mirasiholders of the Sri Kothandaramaswami Temple and that by a registered agreement, dated August 22, 19G6, between them and the defendant they were entitled to take yearly turns in holding office. They also sued to recover possession of the key of the temple and to fill this office for the year beginning with July 1, 1931.

2. The suit was filed in November 1931 and did not come up for hearing till March 1933, apparently for no fault of the plaintiffs. By that time the year for which they were entitled to possession had elapsed. The defendant, urged that they must be, therefore, non-suited as a mere prayer for declaration without possession could not be granted. The plaintiffs asked to amend their plaint by claiming the relief they were entitled to, viz., to get possession during alternate years. This amendment was allowed by the Court and against the order allowing it the present revision petition is filed.

3. The argument of the petitioner is that the amendment enlarges the scope of the suit. It may be noted here that it was contended for the plaintiffs even at the time of the amendment that the suit was maintainable even as it stood without amendment; and the lower Court wisely, I think, said it was unnecessary to decide this point. The plaint as it was orginally framed runs:

The plaintiffs, therefore, pray for a declaration that they are the Golla Mirasiholders of Sri Kothandnramaswami Temple, that in pursuance of the agreement dated 'August 22, 1906, they are entitled to enjoy the said office according to turns from July 1, 1931, to June 30, 1932, and that after establishing their right in a Court of Law they are entitled to have the defendant removed from the Udigam Mirasi office and to get possession of the keys through the process of the Court.

4. It will be observed that there is a direct prayer for a declaration that they are entitled to enjoy the said office according to turns from July 1, 1931, to June 30, 1931. No doubt it is not stated that the turns are alternate yearly ones but that is the reasonable inference and the whole claim is based on a registered agreement which is filed. It is difficult, therefore, to say positively that a decree given in accordance with this request would not enable them to recover possession of the property in alternate years. In any case it appears to me to be a suit where the amendment ought to be allowed. It has been asked for before the trial arid it is impossible to see how the defendant would be prejudiced by it. The only case quoted by the other side in Ramasaran Mandev v. Mahabir Saha . There the whole case was sought to be altered at the time of the argument in the Privy Council, Order VI, Rule 17, is considerably wider than the corresponding section of the old code and the Court is given very wide power or discretion to allow amendments especially to avoid multiplicity of suits. The only result of refusing the amendment would be to drive the plaintiffs to a fresh suit, while the title remains the same. In Charan Das v. Amir Khan 57 Ind. Cas. 606 : 48 C. 110 : 39 M.L.J. 195 : 28 M.L.T. 149 : 2 U.P.L.R (P C.) 124 : 18 A.L.J. 1095 : 22 Bom. L.R. 1370 : 47 I.A. 255 : 13 L.W. 49 : 25 C.W.N. 289 : 3 P.W.R. 1921 (P.O.), an amendment for the first time granted in Second Appeal was not interfered with by the Lordships of the Privy Council. I do not see sufficient reason to interfere with the discretion exercised by the lower Court in allowing this amendment. The Revision Petition fails and is dismissed. Costs to abide the result of the suit.


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