OSKAR LOUIS Vs. K V SARADHA

JUDGEMENT

(1.) The second defendant is the revision petitioner.

(2.) The order under challenge is one by which the Court below has allowed the application I.A. No. 3724/ 88 seeking amendment of the plaint. The order reads :- "This is a petition filed by the plaintiff to amend the plaint. The defendant filed strong objections. The main objection is that if it is allowed it will work out injustice to the defendant. I cannot agree with that view. The second objection is that it is highly belated. It is true that the petition is highly belated. It does not mean that the petition cannot be allowed. Hence I allow the petition on payment of cost of Rs. 200/-. For payment of cost."

(3.) The learned counsel for the petitioner submits that if the amendment is allowed the character of the suit will be changed. In other words the additional facts sought to be introduced in the plaint by the amendment would enable the plaintiff to rest his suit on a different cause of action.