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1962 Supreme(Gau) 19

T.N.R.TIRUMALPAD
Gurumayum Prahlad Sharma – Appellant
Versus
Hidangmayum Gokulananda Sharma – Respondent


Advocates:
R.K. Manisana Singh, for Petitioners; N. Ibotombi Singh, for Opposite Party.

ORDER :- This revision petition is directed against the order of Subordinate Judge (II), allowing certain amendments to the plaint in T. S. No. 34 of 1959.

2. I find from the records that the petition for amendment has not even been numbered in the lower Court and that the order passed by the learned Subordinate Judge merely mentions "amendment matter". This is wrong. An interlocutory application filed in a suit has got to be numbered as soon as it is taken on file.

3. The plaintiff-respondent filed the suit against the petitioners as defendants stating that they were his tenants from 15-5-1958 of a plot of land and the shop building thereon, that the defendants did not pay the rent and put up certain constructions of permanent character without the knowledge and consent of the plaintiff, that thereby they forfeited the lease-hold right and that on various occasions, the plaintiff asked the defendants to vacate the suit shop, but they refused to do so. He, therefore, prayed for the eviction of the defendants and he also prayed for a sum of Rs. 900/- by way of damages for use and occupation of the land and shop.

4. The defendants filed a written statement contending, inter alia, that t










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