RAMESHWAR PRASAD PANDEY Vs. JAMUNA PRASAD

JUDGEMENT

(1.) THIS is a Plaintiff's revision from an order dated the 25th July, 1977 of the Court of the Munsif, Ghazipur, refusing to allow them to amend the plaint. This revision was filed in this Court and entertained after the amendment of Section 115 by the Code of Civil Procedure (Amendment) Act, 1976 and before the substitution of that provision by U.P. Ordinance No. 15 of 1978 followed by U.P. Act No. XXXI of 1978.

(2.) THUS , apart from the question whether the learned Munsif could be said to have exercised a jurisdiction not vested in him by law, or to have failed to exercise a jurisdiction so vested or to have acted in the exercise of his jurisdiction illegally or with material irregularity the question is whether his order refusing to allow amendment of the plaint, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the Plaintiffs.

(3.) IT is regretable, as it is, that the suit instituted in the year 1960 is still pending in the trial Court. While the suit was so pending after remand in the trial Court, the Plaintiffs applied for amendment of the plaint by adding the words "after dissolving the Plaintiffs' partnership" in the relief clause, the effect of which would have been to add the relief of dissolution of partnership between the Plaintiffs and the Defendants as a stepping stone of the Plaintiffs' claim for rendition of accounts by Defendants.