Shri Jain Shwetambar Khartargach Sangh v. Shri Ballabh Pushti Margiya Mandir Prabhandh Samiti
Case brief
What is this about?
Rajasthan High Court Jaipur; [2025:RJ-JP:5329]; S.B. Civil Writ Petition No. 16149/2024; Article 227 Constitution of India; Order 6 Rule 17 read with Section 151 CPC; amendment of plaint; change of nature of suit; suit for permanent injunction; civil suit No. 3/2010; amendment application filed 2021; plaintiff's evidence stage; government passage closed by wall; drainage pipe closed; Sampath Kumar Vs Ayyakannu and Anr. civil appeal No. 5839/2002 (referred); Narendra Singh Dhaddha, J.; decided 06/02/2025; writ petition dismissed.
What did the court decide?
The amendment application was filed on account of change arising after the filing of the suit; the plaintiff did not mention any date on which the defendant had closed the government passage by constructing a wall and closed the drainage pipe; by the proposed amendments the plaintiff wanted to change the nature of the suit.