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1968 Supreme(Del) 210

I.D.DUA
LAXMI NARAIN OIL MILLS – Appellant
Versus
MAMRAJ MUSADILAL – Respondent


( 1 ) THIS revision under Section 115, Civil Procedure Code is directed against the order of a learned Subordinate Judge 1st Class dated 16-12 1967 allowing amendment of the plaint. The plaint had been presented on 9-5-1967 and the application for amendment was made in the Courbelow on 18-10-1967 before the issues were framed. As a matter of fact, on 30-9 1967. the case was adjourned by the trial Court to 18-10-1967 for issuer The revision in this Court was presented on 14 3-1968. though the copy of the Impugned order was obtained on 5-2-1968. The copy was applied for on 11-1-1968.

( 2 ) THE learned Subordinate Judge has observed in his order that the amendment prayed for had been sought at a very early stage and that the defendants could be sufficiently compensated by payment of costs and they would not be taken by surprise. Amendment was allowed in order to avoid multiplicity of suits as the trial Court considered it to be permissible under the Supreme Court decisions.

( 3 ) THE plaint, as originally instituted, was based on the averments that the plaintiff-firm was carrying on business as Commission Agents in Naya Bazar. Delhi and defendant No. 3 had been getting his goods sold







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