KALYANJI G BHAGAT Vs. VIJAY BHARMAL

JUDGEMENT

(1.) HEARD Shri Walawalkar for Petitioner, Shri Bhat for Respondent. Rule. Rule made returnable forthwith. Shri Bhat for Respondent waives service. Heard both sides.

(2.) PETITIONER-PLAINTIFF filed R. A. E. Suit No. 501 of 1976 in the Small causes Court against Respondent-defendant on several grounds. One of the grounds pleaded therein was change of user. Infact, the defendant filed his written statement and he contended that the ground of change of user is waived by the plaintiff. Thereafter the present petitioner-plaintiff took out interim notice No. 5213 of 1992 to amend the plaint. They wanted to add two paragraphs to their plaint viz. para 3 (a) and para 4 (a) which are as under :-

(3.) THE learned trial Judge allowed the amendment in para 4 (a) of the said interim notice however, he rejected the amendment with respect to para 3 (a ). Being aggrieved and dissatisfied by the aforesaid order, the present c. R. A. is filed by the Petitioner-original plaintiff.