VIJAYA PARK COOP HOUSING SOCIETY Vs. TRIVEDI BHARTIBEN

JUDGEMENT

(1.) The petitioner, herein, has preferred this Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dated 7.1.1989 recorded by the learned Civil Judge (S.D.) at Mehsana below Ex.68 in Special Civil Suit No.29/1988 under which the learned trial Judge dismissed the said application of the present petitioner - original plaintiff seeking amendment in plaint under Order-6 Rule-17 read with Order-1 Rule-10 as well as under Section 151 of the said Code.

(2.) It appears that the petitioner, herein, preferred the aforesaid Civil Suit for specific performance of an agreement of purchase of a property from the respondents No.1 to 4 and 7. During the pendency of the said suit, respondents No.6 and 8, herein, being the defendants in the aforesaid Civil Suit submitted an application contending that since the suit has been filed by the proposed Cooperative Society, it is not maintainable. It seems that with a view to meet with the said contention of respondents No.6 and 8, the petitioner, herein, submitted an application at Ex.68 before the trial Court in the aforesaid Civil Suit for amending the plaint.

(3.) In the said application the petitioner, herein, stated that in the cause title of the plaint the plaintiff has been shown as;