BAKUNVERBA JAKHUBHA JADEJA Vs. CHANDUBHA GUMANSINGH ZALA

JUDGEMENT

(1.) The petitioners are the original plaintiffs who moved an application at Exhibit 38 to amend the plaint as well as application for temporary injunction, under Order 6 Rule 17 of the Code of Civil Procedure. Such application at Exhibit 38 was resisted by the respondent - defendant, inter alia, on the ground that it would change the entire nature of the suit property and also on the ground that it would change substantially the cause of action and it would cause prejudice to the defence of the original defendants which they have successfully pleaded in their reply as well as in the written statement.

(2.) The learned Civil Judge, Junior Division, Mundra (Kutch) vide order dated 26/02/1996 rejected the application at Exhibit 38 whereby the application to amend the plaint is rejected. On the very day, the learned trial Judge also proceeded to dismiss the application at Exhibit 5 for temporary injunction which order is under challenge by way of Misc. Civil Appeal before the District Court at Kutch, Bhuj.

(3.) In order to appreciate an interesting question of law which is raised in this Civil Revision Application and to answer the submissions which are very succinctly and articulately put before this Court, it would be necessary to set out the averments made in the plaint initially and the averments which are sought to be deleted from the plaint by the amendment application at Exhibit 38.