CHANDRAKANT KRISHNA SHIRODKAR Vs. SURESH MAHADEV MADKAIKAR

JUDGEMENT

(1.) RULE. Returnable forthwith. Heard by consent.

(2.) PRIMA facie the amendment application does not seek to change the nature of the suit. The plaintiffs have sought to make a reference to an earlier house, which according to them was illegal and they also seek to introduce averments to the present house is not by way of present house against in respect of which the suit is filed is not being constructed by way of repairs to the earlier house, since, the present house is a much bigger structure and occupying a much larger plinth than the earlier illegal house. Whether true or otherwise, the averments do not change the nature of the suit. The impugned order of the learned trial court is therefore set aside and the petitioners shall be allowed to amend the plaint in accordance with the Schedule to the application dated 10th January, 2006. Amendment shall be carried out within two weeks before the trial court. Rule made absolute accordingly.