EKNATH MARUTIRAO MANE Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) LEARNED Counsel for Respondent waives notice. The Applicant-plaintiff filed an application for amendment of the plaint. The said application came to be rejected by the learned Joint Civil Judge, Senior Division, Satara by order dated 7-10-1996 on the ground that the amendment is cotrary to the original reliefs and it is going to change the nature of the suit. The same is challenged here.

(2.) PRIMA facie the reason given is wrong, and the learned Judge has failed to exercise jurisdiction vested in him.

(3.) HENCE impugned order dated 7-10-1996 passed by the Joint Civil Judge, Senior Division, Satara below Exh. 102 is set aside, and Exh.102 is granted. The Applicant to carry out amendments within 2 weeks. The Respondents are permitted to file written statement if they so desire. The Applicant also to pay the costs of the Respondents quantified at Rs.1,000/-. Certified copy expedited.