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1975 Supreme(Bom) 206

DHARMADHIKARI
Babarao S/o Rajaram Deshmukh – Appellant
Versus
Sonba S/o Janu Bhai – Respondent


Advocates:
V.S.Sirpurkar, for Applicant; G.B. Gandhe, for Opponent.

ORDER:- This revision application has been filed by the original plaintiff against the order passed by the Civil Judge, Junior Division, Darwha, dated 6-12-1974 rejecting his application for amendment of the plaint. Before recording of the evidence the plaintiff filed an application for amendment of the plaint and the map, which was in the nature of clarification This application was opposed by the defendant and ultimately the learned Judge came to the conclusion that as the suit is long pending and the amendment application is filed at the last stage, it does not appear to be bona fide. He further came to the conclusion that by the amendment the entire pleadings of the plaintiff and the defendant will be required to be changed. According to the learned Judge, proposed amendment as stated in Para 5 of the application changes the nature of the suit. In this view of the matter, therefore, he rejected the application. As already observed, it is this order which is challenged in this revision application.

2. Shri Sirpurkar, the learned counsel for the applicant, contended before me that the learned Judge committed an error in holding that the proposed amendment will change the nature of






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