order which has been passed by the Courts below granting temporary injunction directing defendants-4 and 5 not to make use of electricity for electrical ... plaint or in the application for temporary injunction. It might have been a different case, had the plaint been amended but I do not make
said appeal, the appellants also filed application i.e., I.A.No. 4 seeking certain amendments to the plaint in respect of the prayer ... with the application 4 to amend the plaint and therefore, the lower Appellate Court refused to allow the amendment application.
11. In my opinion, although
Code of Civil Procedure to amend the prayers in the counter
claim. The Trial Court has allowed the application for
amendment on 10th August ... Trial Court
allowing the amendment application filed by the defendant
restricting his claim for specific performance and permanent
injunction, amending to delete the declaration
ground to allow the
application filed under Order VI Rule 17 of CPC for amendment
of the plaint. The said application is filed after ... give permission to amend the plaint since, the suit was filed in
the year 1985 that too for bare injunction. Accordingly, the
Point
submitted, initially suit was for
permanent injunction only. Four years after filing of suit
i.e. on 23.08.1996, defendants trespassed into suit
property ... temporary injunction. Therefore, plaintiff filed
application for amendment of plaint to incorporate
additional facts and prayer for mandatory injunction.
Application was allowed and amendments were
suit filed by the plaintiffs
for declaration, mandatory injunction and for
consequential permanent injunction, has got
amended by seeking relief of possession ... plaintiffs have
filed an application for amendment before the trial court
and said application was allowed and plaintiffs got
amended the prayer in the suit
amount. He also filed an application under Order 39 Rules 1 and 2 for grant of injunction. The application was dismissed and hence the disputed ... amount was deposited. The plaintiff was permitted to amend the suit to one for declaration and injunction. One of the issues in the suit
only for the relief of
permanent injunction and was sought to be amended by
recourse to an application I.A.4 under Order VI Rule
filed an
application to amend the prayers and the Trial Court,
allowed the said application and as such, the plaint was
amended and plaintiff ... amend the plaint to
incorporate the relief seeking declaration with recovery of
possession and issuance of mandatory injunction and the
said application was allowed
said suit, copy of the amended plaint in the said suit and copy
of the injunction application in the said suit.
19. Per contra
