GOBAR JETHABHAI VAGASIA Vs. NARBHERAM VITHALDAS

JUDGEMENT

(1.) The suit is for specific performance of an agreement to sell immovable property against defendant Narbheram Vithaldas. In view of certain contentions in the written statement, the plaintiff sought to amend the plaint by joining defendant's son Prabhudas Narbheram as second defendant and to add para 10A in the plaint and to seek certain other consequential amendments. The learned trial Judge rejected the application for amendment by going into the question of fact and history of title and rejected the amendment application.

(2.) By granting amendment of the plaint no prejudice is caused to any party and the suit will be decided on all issues on merits. Ordinarily such amendments of pleadings are granted as a matter of course and there are no special reasons in this case not to grant the same. The learned Judge was therefore clearly in error. This material error in exercising jurisdiction if not corrected at this stage, will necessarily result into complications.