ASSOCIATED BREWERIES AND DISTILLERIES Vs. SHIV SMRUTI INVESTMENTS

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS chamber summons is taken out by the plaintiffs seeking amendment of the plaint under section 21 (5) of the Specific Relief Act, 1963. By way of an amendment the plaintiffs intend to insert the following prayer in the plaint and make the other consequential amendments of paragraph 19 and 23 thereof:

(3.) SO far as other proposed prayers, as seen in the schedule of amendment, being prayer clause (ii)and (iii) are concerned, the learned senior counsel for the plaintiffs, on instructions, prayed for withdrawal of these prayers from the schedule. These two prayers are accordingly allowed to be withdrawn. Mr. Thakkar, learned senior counsel for the plaintiffs after inviting my attention to secion 21 (5) of the specific Relief Act and the judgment of this Court in manohar Dhundiraj Joshi Vs. Jhunnulal Hariram Yadao bom. Law Reporter Vol. LXXXV Page 87 submitted that the plaintiffs are entitled to seek amendment as prayed and that such prayer for amendment cannot be rejected.