PATEL RANCHHODBHAI SHAMBHUBHAI Vs. PATEL POPATBHAI SAVJIBHAI

JUDGEMENT

(1.) This Revision Application under Section 115 of the Code of Civil Procedure, arises from the order passed by the learned Civil Judge (SD), Amrcli, rejeeting the application Exh. 69 for amendment of the written statement in Special Civil Suit No. 97 of 1983.

(2.) The opponents in this Revision Application have filed Special Civil Suit No. 97/1983 against the applicant for recovering certain amounts with interest on the basis of a writing executed by him as a result of agreement between the parties on 28-2-4983, on which date the partnership between them came to be dissolved.

(3.) The applicant filed his written statement at Exh. 48. He did not admit the plaintiffs claim and contended that the suit was bad for misjoindcr of parties and misjoindcr of causes of action. He contended that the plaintiffs had managed to place him in a financially embarrassing position, compelling him to agree to pay the amount due to them by instalments. Because of their non-cooperative and adverse altitude, as alleged by the defendant, he was unable to run the business profitably. He averred that he is willing to pay the amount that may be found due to the plaintiffs, but he should be granted monthly instalments of Rs.1,000/- in view of his financial position. This written statement was filed on 28th March 1984.