Amendment of plaint, c.p.c.,
sudhirghabasu
(Querist) 28 November 2011
This query is : Resolved
sir, i had file a suit for injunction not to disturb the peaceful possession and enjoyment. while the suit is pending the defendants through the rowdy elements had disconnected the electricity connection without the plaintiff's knowledge. the plaintiff had lodged a police complaint and the connection was restored. subsequently i had filed a petition for amendment of plaint to amend and add a prayer for permanent injuntion restraining the defendant from disconnecting the electricity connection. the elecricity connection stands in the name of my client's grandfather, there is a oral partition and all the legal hiers are living separately in their portion of the property.the defendant is one of the legal hier who is not in possession of the property. there is no documents for the property even on the plaintiff side or the defendants side. Please help with some case laws for amendment of plaint in the above circumstances. thanking you.
Raj Kumar Makkad
(Expert) 29 November 2011
M/s. Banwari Lal Associaiton Pvt. Ltd. v. M/s. Basanti Devi Family Trust, Ghaziabad & Ors.; 2009(5) ALJ 328
