IQBAL SINGH Vs. JAGDISH CHANDRA

JUDGEMENT

(1.) The present revision is being disposed of finally at the admission stage after serving the opposite parties. Counter and rejoinder affidavits have been filed

(2.) Heard learned counsel for the parties. The present revision is directed as against an order dated 19-2-1988 by which the trial Court has rejected the application of amendment in the plaint filed by the plaintiff-applicants. The plaintiffs-applicants moved an application before the trial Court for amendment in the plaint by virtue of which in the relief clause insted of defendants 2' to 6, defendants 1 to 6 were sought to be added. It was averred that it has occurred by typing error and instead of defendants 1 to 6, it has been typed as defendants 2 to 6. There is no other amendment sought. However, the court below rejected the application. Feeling aggrieved, the present revision has been filed.

(3.) Learned counsel for the applicants urged that since the amendment seeking all the partners to give account is necessary, the amendment should be allowed. On the other hand, the learned counsel for the opposite parties has vehemently urged that from the amendment sought, the cause of action will change. Therefore, the amendment should not be granted. Learned counsel for the opposite parties urged that so far as accounting by defendant No. 1 is concerned, the amendment has become barred by time under Article 5 of the Limitation Act as more than three years have expired and hence the amendment should not have been granted.