IRFAN AHMAD Vs. NABIL AHMAD KHAN

JUDGEMENT

(1.) THIS is a revision by the defendant against the order of the Civil Judge, Malihabad at Lucknow, al lowing amendment of the plaint. The parties were partners in a business which stood dissolved. There is, however, difference of opinion between the parties as to how it got terminated. The plaintiff filed a suit for recovery of specific sums as profits on account of rent and value of furniture and fit tings used by the defendant.

(2.) THE main defence was that the suit was barred by Section 69 of the Partnership Act. This issue was decided as a preliminary issue and the finding was that the suit was barred under Section 69 of the Partnership Act. The plaintiff thereupon sought to recover the amount as mesne profits and prayed that an issue be struck on this plea, but the plaintiff's prayer was rejected. Thereafter the plaintiff filed the present application for amendment of the plaint, giving rise to this revision.

(3.) THE first amendment sought was that in any case the plaintiff was entitled to set the claimed amount as damages for use and occupation and in the alternative as mesne profits. The second amendment sought was only of a formal nature for a minor verbal change. By third amendment, the plain tiff sought deletion of two lines and desired them to be substituted by the words: "Profits at the rate of Rupees 225/- from 1-6-1963 to 15-7-1963 and rent at the same rate from 16-7-1963 to 30-5-1964 and damages for use and oc cupation or mesne profits at the rate of Rs. 250/- from 1-6-1964 to 10-11-1964".