JUDGEMENT

S.D. Shah, J.

1. This Civil Revision Application is directed against the judgment and order passed by learned City Civil Judge in Summary Suit No. 4564 of 1986 below Exhibit 90 whereby he has rejected the application for amendment of plaint tendered by the plaintiffs so as to amend the cause title of the plaint.

2. The suit was filed by the petitioners plaintiffs against the defendants for recovery of the amount of Rs.51,457/- being the principal sum with interest thereon. In the plaint it inter alia stated that the plaintiff was M/s Ramesh Steel through the proprietor Laxmiben Bhuderbhai the suit was filed. The verification in the plaint as well as vakalatnama were signed for and on behalf of the trust by the trustees. However, one of the trustees namely, Bhuderbhai Dwarkadas Patel was not impleaded as plaintiff in the cause title of the plaint.

3. In the written statement which was filed by the defendants in the year 1986 itself it was pointed out that suit by one of the trustees was not maintainable and that the suit was therefore for non joinder of the parties.

4. It appears that thereafter Laxmiben Bhuderbhai expired on 13th February, 1993 and an application was given for