NARAYAN SAHEBRAO SHINDE Vs. SAHEBRAO DADA SHINDE

JUDGEMENT

(1.) THE Petitioner by this Revision Application seeks to impugn the order dated 5th April, 1993 on Exhibit 36 in Regular Civil Appeal No.599 of 1987. By the said order the Appellate Court has rejected the Application for amendment sought for by the Appellant-Petitioner herein at the stage of Appeal.

(2.) THE Petitioner herein the original Plaintiff and the Respondents herein are the original Defendants.

(3.) BY the amendment what is sought now to be pleaded is that the arrangement was in the nature of a mortage and that the Petitioner is now seeking redemption of the mortgage. The parties had gone to trial before the trial Court on the basis that the arrangement between the parties was a transaction by way of security loan. By the amendment the Petitioner is seeking to now plead that the said arrangement was by way of a mortgage. The suit was instituted in the year 1983. The judgment was pronounced on 19th August, 1987. The Appeal was filed on 26th November, 1987 and the Application for amendment was moved on 12th August, 1992. The Appellate Court while passing the order has exercised discretion. There is nothing to warrant that this exercise of jurisdiction is contrary to law. There is no reason, therefore, to interfere with the said exercise of discretion. This Revision Application is accordingly dismissed. Interim orders passed on 9th August, 1994 stand vacated. Rule discharged. In the circumstances of the case, there shall be no order as to costs. The Appellate Court to dispose of the Appeal according to law.