M. KUMAR Vs. H. GUNASHEELA

JUDGEMENT

(1.) THE matter was heard for sometime. During the course of arguments, learned counsel for the appellant as well as learned counsel for respondent No. 1 submits that the matter may be remitted back to the Trial Court and the parties may be permitted to make an application for amendment of pleadings and adduce further evidence, if any. Their submission is placed on record.

(2.) BOTH sides relied on the decision in the case of Gurunath Manohar Pavaskar & Others v/s. Nagesh Siddappa Navalgund & Others reported in : 2008 AIR SCW 298. Attention of this Court was invited to paragraphs 13 and 14 of the said judgment, which reads as under:

(3.) THE proviso to Sub -R.(1) of Order XLIR.14, reads as under: