Rajasthan Court December 1968 Judgments

Rajeshwar Dayal and anr. Vs. Padam Kumar Kothari and ors.

Court: Rajasthan

Reported in: AIR1970Raj77

ORDERJagat Narayan, J. 1. In these two revision applications the question which arises for consideration is whether the Court committed a material irregularity within the meaning of Section 115(c) in allowing an amendment of the plaint long after the institution of the suit so as to include a cause of action which had not accrued to the plaintiff on the date of the institution of the suits. 2. Civil Revision No. 469 of 1967 arises out of a suit for eviction filed by the plaintiff on 24-1-66 on the ground of sub-letting and personal necessity. On 3-4-67 the plaintiff moved an application for amendment ofthe plaint so as to include another ground for eviction which was not available to him when the suit was filed. The tenancy of the defendant is a monthly one commencing from the 25th of the English calendar month. In his amendment application the plaintiff alleged that the defendant had paid rent upto 24-11-65, but neither paid nor tendered it thereafter so that on 25-5-66 i. e. after th...