RAJARAMBHAI MAKKANBHAI PATIL Vs. MOTANBEN SHRIPATJBHAI PATEL

JUDGEMENT

(1.) This Special Civil Application is filed challenging the order passed below Exhibit-28 whereunder the application filed under Order 6 Rule 17 CPC for amendment of the plaint has been allowed in part.

(2.) The learned trial Judge by a well reasoned order has held that to avoid multiplicity of proceedings and to decide the real dispute between the same parties for the same property, it is necessary to permit the plaintiff to amend the plaint. The opinion which has been expressed under the impugned by the learned trial Judge reads as under :

(3.) The above order clearly indicates that in order to give quietus to the entire dispute between the parties, the amendment has been allowed which would not cause any prejudice to the defendant. The learned Trial Judge has observed that additional written statement can be filed by the defendant, however, this does not find a place in the operative portion of the order.