RAJENDRAKUMAR GULABCHAND MANIYAR Vs. RAMDAYAL RAMKISAN DAGA

JUDGEMENT

(1.) This writ Petition under Article 227 of the Constitution of India takes exception to the order passed by the Civil Judge, Junior Division, Niphad dated 31st December, 1993 below Exh. 67 in Regular Civil Suit No. 42 of 1982.

(2.) By the above said application the Respondent No. 1-Plaintiff prayed for amendment of the Plaint, which has been granted by the trial Court by the impugned order.

(3.) The Respondent No. 1 filed suit against the Petitioners-tenants being RCS No. 42 of 1982 for possession and recovery of arrears on the ground of default, bona fide requirement and change of user, etc. In the said the Respondent No. 1 prayed for amendment of the plaint. The said application was resisted by the Petitioners mainly on the ground that the nature of amendment would permit the Respondent - plaintiff to frustrate the defence of the Petitioners. This argument has been negatived by the Trial Court.