SAKHARBAI VITHA DEORE Vs. RAMBHABAI GANGADHAR DABHADE

JUDGEMENT

(1.) The petitioner is challenging the order dated 25th March, 1991 whereby the trial Court has dismissed the application for review of the order rejecting the application for condonation of delay in incorporating the amendment in the pleadings of the plaint which was already allowed by the trial Court on payment of cost of Rs. 100/-.

(2.) The facts in brief which are relevant for the decision are that the petitioners/plaintiffs filed suit against the respondents herein being R.C.S. No. 94 of 1985 for declaration that the adoption deed dated 26th July, 1982 is illegal and not binding on the plaintiffs and for their share in the suit property which they were entitled to have. Subsequently, by an application dated 8th June, 1988, the petitioners sought to amend the plaint by incorporating certain subsequent facts and consequential relief arising therefrom in favour of the petitioners. The said application though objected to, after hearing the parties was allowed by the trial Court by its order dated 22nd August, 1989.

(3.) In the normal course as per the provisions of law, the amendment ought to have been carried out within 14 days on payment of cost of Rs. 100/- which was awarded by the Court. However, the petitioners herein deposited the cost on 8th September, 1989 which was allowed by the trial Court by its order of the same day. Moreover on the same day, the respondents herein filed an application complaining about non-compliance of the order of grant of amendment by the petitioners and failure on the part of the petitioners to incorporate the said amendment in the pleadings within the stipulated period of limitation. The petitioners thereupon filed an application dated 4th October, 1989 requesting for extension of time to carry out the amendment in terms of the order dated 22nd August, 1989 disclosing the fact that the petitioners could not carry out the amendment within the period of limitation as she was sick. Since no medical certificate was produced along with the application, the trial Court directed the petitioner to produce the medical certificate by 21st October, 1989 and reserved its order on the said application till that date. The petitioner produced the medical certificate on 21st October, 1989. However, the trial Court dismissed the application on the same day on the ground that it did not find reasons worthwhile for allowing the said application for extension of time. The petitioner thereupon filed an application for review of the said order. The said application was filed on 28th October, 1989. The trial Court after hearing the respondents dismissed the same by the impugned order.