Rajesh Kumar Aggarwal & Ors vs K.K. Modi & Ors on 22 March, 2006
Learned counsel for the petitioners, while relying on Rajesh
Kumar Aggarwal and Others v. K.K. Modi and Others, 2006(2) RCR
(Civil) 577 and Ram Kumar Barnwal v. Ram Lakhan (dead), 2007(3)
RCR (Civil) 279, also submitted that where cause of action arises during
pendency of suit, amendment in pleadings be allowed even if nature of
relief is changed, but did not change the basic structure of the suit.
Moreover, that would also avoid the necessity to file an independent suit.
Though, it is correct that the cause of action for the plaintiffs to ask for
amendment in their plaint arose only during the pendency of the suit for
permanent injunction, yet it is also clear that nature of relief to be granted
to them would undergo a change, besides change of basic structure of the
suit. While praying for the grant of permanent injunction, the plaintiffs
were to establish their possession over the suit property, whereas for the
relief of declaration, they would be required to establish that they were
entitled to the allotment of the suit property and it was also in the interest
Civil Revision No. 3045 of 2008 -4-
of the Gram Panchayat in allotting the same to them. In case, the
amendment sought by the plaintiffs is granted, that would confuse the
real issue before the Court. Under these circumstances, it would be
appropriate for the plaintiffs to file a separate declaratory suit against the
cancellation of the allotment and sanctioning of mutations.