LUMANNA SOMANNA MALIK Vs. BHARMARAO ANNARAO CHOUGULE

JUDGEMENT

(1.) The petitioner in this revision petition is the original plaintiff in OS. No.95 of 1969 on the file of the II Additional Civil Judge, Belgaum and has challenged the order passed by the learned Civil Judge dismissing the aolication, IA. XIV filed for amendment of the plaint. By the application filed for the amendment of the plaint, the plaintiff was seeking to state that the order passed by the Assistant Commissioner, SD., Belgaum, was without jurisdiction for the reason that 'Chougala' office is neither a village office, nor a hereditary office within the meaning of the Mysore Village Offices Abolition Act and the Watan Act of 1874. The petitioner also sought for certain other amendments, which according to the petitioner, are necessary to decide the real points in controversy between the parties and to enable the Court to grant the reliefs claimed by the plaintiff.

(2.) The defendant resisted the said application on several grounds.

(3.) The learned Civil Judge by his order dated 12-1-1971 dismissed tbe taid application (I.A.XIV) and it is the correctness of this order that is challenged before this Court.