CHANDULAL ANANTRAI DAVE Vs. SATHVARA JADIBEN DEVABHAI

JUDGEMENT

(1.) On 27-11-2006, notice was issued to the other side to show cause as to why both the appeals be not admitted on the proposed questions and be not finally disposed of. Each of the appeals is admitted for hearing the parties on the following substantial questions of law :-

(2.) It is to be seen from the records that amendment was to be made in the plaint in accordance with the directions of the Court, however, the amendment was not carried out either within the period fixed by the Court or within 14 days as provided under Rule 18 of Order VI of the Code of Civil Procedure. It is, however, undisputed before me that amended plaint was filed and as a consequence to it, amended written statement was also filed.

(3.) It is undisputed that the parties knew about the case of each other, the Court had cast necessary issues and allowed the parties to lead evidence in support of their pleadings. After hearing the parties, the learned trial Court decreed each of the suits, but on appeal by the dissatisfied defendants, learned appellate Court allowed both the appeals holding, inter alia, that the trial Court was not justified in taking into consideration the amended pleadings as amendment was not incorporated in the original plaint and as the amended pleadings were not part of the records, a judgment could not be based upon it. The appellate Court accordingly set aside the judgment and decree passed by the trial Court and dismissed the suits. Being aggrieved by the said judgment and decree dismissing the suits, the plaintiff is before this Court.