LAVJIBHAI KALYANBHAI MISTRI Vs. VANMALIDASKALYANBHAI MISTRY

JUDGEMENT

(1.) By this application under section 115 of the Code of Civil Procedure, 1908 (the Code), the applicant-original plaintiff has challenged the order dated 19.6.2001 passed by the learned Civil Judge (J.D.), Rajula below application exhibit-43 whereby the application made by the applicant herein under Order VI, rule 17 of the Code for amendment of the plaint, has been rejected.

(2.) For the purpose of understanding the controversy involved in the present case, it would be necessary to briefly refer to the facts of the case.

(3.) The applicant-plaintiff instituted a suit in the Court of the learned Civil Judge (J.D.), Rajula being Regular Civil Suit No.28 of 1999 seeking dissolution of the partnership firm, that is, M/s Kalyanbhai Bhanabhai and for accounts of the partnership firm from 24.9.1976 and also 50% share from the assets of the firm as well as seeking a permanent injunction restraining the defendants from transferring or assigning any of the assets of the firm without the consent of the plaintiff.