LAWS(BOM)-1996-6-64

J G GARDENING Vs. DHONDU RAOJI CHINCHWADE

Decided On June 05, 1996
J G GARDENING Appellant
V/S
DHONDU RAOJI CHINCHWADE Respondents

JUDGEMENT

(1.) PETITIONERS herein had preferred a suit being Civil Suit No.75/82 before the Court of Civil Judge, Senior Division, Pune. The petitioners herein sought several reliefs which included a prayer for damages totalling an amount of Rs. 40,60,000/ -. The petitioners also had sought other reliefs. The trial court was pleased to partly decree the suit in as much as the defendant No.1 in the suit, the present Respondent No.1 was directed to pay to the petitioners a sum of Rs. 29,000/- proportionate cost of the suit and interest at the rate of 6% as set out in the judgment.

(2.) PETITIONER thereafter preferred an appeal before the District Court and therein also moved an application for amendment. The said amendment application was withdrawn.

(3.) THE counsel for Respondent No.1 has drawn my attention to the provisions of Order VI rule 17 of the Code of Civil Procedure. THE provisions of Order VI rule 17 set out that the court may at any stage of proceeding allow a party to alter or amend the pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.