( 1 ) IN brief the facts of the case are that a suit for recovery of Rs 2,32,249. 00 was filed by Patodia and Co. against Bombay Woollen Mills Ltd on account of expenses, commission, brokerage, etc. M/s Patodia and Co, herein described itself as a partnership concern duly registered under the Indian Partnership Act. An objection was taken by the defendant that no cause of action had arisen in favour of the partnership concern. To avoid that objection, this application for amendment of the plaint has been filed mentioning therein that the plaintiff was a sole proprietory concern of which Moti Lal Patodia was the sole proprietor and subsequently the said concern became partnership concern by inducting Durga Parshad Patodia as one. SUIT NO. 1116/78 of the partners and it was registered with the Registrar of Firms on 30. 4. 77. Cause of action had arisen in favour of Moti Lal Patodia the sole proprietor of Patodia and Company. It was on account, of bonafide mistake and inadvertance that the suit has been filed by Patodia and Company partnership concern. Amendment has been sought in the title of the suit as well as in the body of the plaint showing Mod Lal Patodia as the