POPULAR AUTOMOBILES Vs. G K CHAMI

JUDGEMENT

(1.) This C.R.P. is filed by the plaintiff in O. S. No. 373/1998 on the file of the Munsiff's Court, Kannur challenging the order in I.A. No. 3587/2000 dated 16.10.2000. The plaintiff filed the suit against the respondent defendant for realisation of Rs. 36,379/- with interest being the value of the automobile spare parts purchased by him from the plaintiff.

(2.) The plaintiff is a partnership firm and the above plaint is verified, signed and filed by one A.C. Jose as the Manager of the plaintiff firm claiming that he has been authorised to do so by one John K. Paul, who is one of the partners of the firm. The plaintiff filed the above petition to amend the plaint in order to incorporate that the plaint is verified and signed by one of its partners instead of the Manager of the firm. The lower court found that the suit is filed in violation of the mandatory provisions of S.69(2) of the Indian Partnership Act and therefore, the petition to amend the plaint is not sustainable and hence dismissed the petition.

(3.) The counsel for the petitioner submitted that by the amendment sought for by the plaintiff petitioner absolutely no prejudice is caused to the defendant and the nature and character of the suit claiming the amount due from the defendant to the plaintiff is also not changed. According to him, only an inadvertent mistake committed in filing the suit is sought to be remedied by the amendment by incorporating that the plaint is verified and signed by one of the partners of the firm as provided under the Partnership Act in the place of the plaint verified and signed by its Manager.