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1982 Supreme(MP) 448

R.C.SHRIVASTAVA
Sayed Ali – Appellant
Versus
Gyarsilal Bansilal – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: R.C. Lahoti
For Respondents/Defendant: R.D. Jain

ORDER

R.C. Shrivastava, J.

This is defendants' petition for revision of an order dated 10-4-1980 whereby, in civil suit No. 182-A of 1976, Civil Judge Class II, Guna, allowed an application dated 9-4-1980 of the respondent-plaintiff for amendment of the plaint.

The suit was instituted on 19-4-1976. The plaintiff's case was that, after having taken, on 27-7-1974, a Theka from Gram Panchayat, Umri for collection of bones for the period till 30-6-1975 on payment of Rs.1525 to the Gram Panchayat, he collected bones in the Theka-area till that date. On 10-1-1976, by a truck, he took those bones to the bone-mill of the defendant No.2 (respondent No.2) situated at Bajargarh Road, Guna, for the purpose of selling away the same to him and unloaded the truck there in his (defendant No. 2) presence. Thereafter, on the same date, when he was getting the bones, weighed there for the purpose of delivering the same to the defendant No. 2, some men of the defendant No. 1 (respondent No. 1) arrived and got the work discontinued on the contention that the plaintiff did not have title to the bones. The plaintiff sent notices dated 21-2-1976 to the defendants but they did not give any reply thereto. Ther
























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