NATHABHAI GOVINDBHAI & ANOTHERAPPLICANTS Vs. GULABBEN

JUDGEMENT

(1.) This entire chain of reasoning is perverse. The nature of the suit is not at all changed. The question of limitation would depend upon the date of cause of action. If there is a specific pleading even by amendment, it would merely focus the attention of the parties and the parties will have reasonable opportunity of putting their rival contentions while giving the evidence. The evidence is yet to begin and it cannot be said that the defendants would be prejudiced by allowing Such amendment. The learned Trial Judge has clearly erred in exercise of his jurisdiction and committed a material irregularity and the order refusing the amendment of the plaint is required to be reversed.