1950 (2) TMI 10

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....e Ka of the plaint and the plaintiff claimed a six anna interest therein. On one reading of the plaint it would appear that the plaintiff claimed an undivided six annas in the plots mentioned in the schedule. But we cannot overlook the fact that in the body of the plaint he claimed that he had been in exclusive possession of the six annas which had apparently been allotted to him on a partition. Being in exclusive possession of his share suggests that the six annas in the property mentioned in schedule Ka must have been demarcated and therefore his claim was to specific portions of each of the plots mentioned in the schedule. 2. As the case proceeded, the plaintiff realised that it would be necessary to amend the plaint in order to claim....

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.... in the case; that is whether or not the plaintiff was entitled to portions of these plots which he alleged he had possessed exclusively by cultivation. That being so, if we have power to interfere, I would be inclined in this case to set aside the order of the learned Subordinate Judge and direct him to allow the amendment. 4. It was, however, urged before us that we could not interfere under Section 115, Civil P. C. Whether an amendment should or should not be granted is a matter within the discretion of the Court and it is urged that this Court cannot interfere under Section 115, Civil P. C. with the exercise of such discretion. 5. The very point was considered by a Bench of this Court in Loke Nath v. Abani Nath AIR1934Cal102 . Thi....