Judgment :-

V.S. Sirpurkar, J.

Leave granted.

2. Judgment of the High Court passed under Section 115 CPC confirming the order passed by the Additional Munsiff is in challenge in this appeal. The High Court has approved of the amendments which were permitted to the made by the trial court.

3. Learned counsel appearing on behalf of the petitioner herein assails both the judgments stating that the said amendment application was liable to be dismissed on the ground that it permitted the plaintiffs to include a time barred claim and secondly it was hopelessly belated and as such the plaintiffs lacked bona fides.

4. Some facts would be necessary. Original suit was filed in the year 1986 bearing registration number Eviction Suit No.11 of 1986 which was filed by Sita Ram Saraugi and some others impleading the present petitioner-defendant Shiv Gopal @ Shiv Gopal Sahu. This was a suit for eviction on the ground of personal necessities of the plaintiffs. Original defendant Ram Charitra Sahu appeared and raised a plea that he was not a tenant and further that he was in fact an owner having purchased the suit property along with the other part of the property from Banwari Sah and others by sal