@JUDGMENTTAG-ORDER
Mohan M. Shantanagoudar, J.@mdashBy the impugned order, the court below has allowed the application for amendment of plaint at the end of proceedings in O.S. No. 24/2007.
2. The suit came to be filed by the respondent herein for bare injunction. The parties have led their evidence in full. The argument of plaintiff is already concluded. When the matter is posted for defendants'' arguments, the application came to be filed for amendment of the plaint. The same is allowed by the court below. Normally this Court would have interfered with such orders, inasmuch as it is not open for the parties to amend the plaint at the fag end of the proceedings.
3. Be that as it may, the amendment prayed by the plaintiff is only with regard to the relief column. The plaintiff/respondent wants to convert the suit for bare injunction into a declaration and injunction which means that the plaintiff wants to include the prayer for declaration also based on the available material on record.
4. The trial Court, having found that the amendment may be necessary for avoiding the multiplicity of the proceedings, has allowed the application for amendment of the plaint. In view of the same, I do not propose to interfere with the impugned order. However, before parting with this matter, this court makes it clear that the plaintiff shall not be permitted to lead any further evidence. The prayer of the plaintiff with regard to the declaration has to be considered by the trial Court based on the available material only.
5. With this observation, the petition stands dismissed.
