VIJAYSINGH BHAGWAN NAIK Vs. MOTISINGH GYANSINGH DHIRBASI

JUDGEMENT

(1.) HEARD finally by consent. Perusal of paragraph 3 of the plaint as filed shows that plea of petitioner/ plaintiff was that property when it was purchased belonged to joint family and when the property was purchased by mistake or error the defendant got his name entered on it. It is contended that said purchase in the name of defendant was nominal. In amendment sought it is urged that the property was purchased by Bhagwan and as defendant was his younger brother, out of love and affection name of defendant came to be mentioned as purchaser. I do not find any change in nature of suit if the amendment is allowed. It is also admitted before me that when application for amendment was moved, recording of evidence had not commenced. In these circumstances, in the interest of justice, the application for amendment is granted. Order dated 27/3/2008 passed below Exhibit 48 by Joint Civil Judge, Junior Division, Malkapur is quashed and set aside. Petitioner/ plaintiff to effect proper amendment by 23/10/2008. Respondent is free to carry out consequential amendment thereafter by 11/11/2008. The petitioner shall pay cost of Rs. 750/- to present respondent by depositing the same before the trial court while carrying out amendment. The proceedings in Civil Suit are expedited and court below shall attempt to decide the same as early as possible and in any case by 31/12/2009.