AMBIKA GRUH UDHYOG Vs. PANKAJBHAI AMBALAL

JUDGEMENT

(1.) The present petition is filed by the petitioners - original plaintiffs challenging the impugned order passed below Exh.23 in Regular Civil Suit No.78 of 2020 by the trial Court i.e. 3 rd Additional Chief Judicial Magistrate and Senior Civil Judge, Patan dtd. 17/12/2022, by which, the application seeking amendment in the cause title of the plaint is rejected.

(2.) Heard learned advocates.

(3.) Mr.Vishal Mehta, learned advocate for the petitioners has submitted by drawing my attention towards the averments made in the plaint that in the plaint itself, the subject matter is mentioned as Partnership Firm i.e. the dissolution of the partnership firm and further, in the averments made in the entire pleadings, it transpires that the suit pertains to the partnership firm which is in the name of Ambika Gruh Udyog. He has also drawn my attention towards the cause title of the suit whereby it seems that the defendants were joined in the individual capacity instead of the legal heirs of the partner of the said firm. Thereafter, he has drawn my attention towards the application at Exh.23 and has submitted that he asserts the amendment to the effect to describe the 'heirs of Pankajbhai - partner of the Ambika Gruh Udyog' only.