PREMANAND PUNDALIK MOKAL Vs. YASHODABAI PANDURANG MOKAL

JUDGEMENT

(1.) BY this Revision Application, the original plaintiff challenges the order dated 13th April 1998 passed by the Civil Judge, Junior Division, Nandgaon, refusing the plaintiff permission to amend the plaint and rejecting the application for amendment of the plaint.

(2.) THE original suit is for a declaration that the suit property belongs to the joint family consisting of the plaintiff, the uncles of the plaintiff, the husband of the respondent no.1 and the father of the respondent nos.2 to 4 and partition by metes and bounds. It is prayed that till the disposal of the suit, interim injunction is also claimed restraining the respondents from, in any way, transferring the suit property. The suit was filed in July 1994 and an application for amendment of the plaintiff including some more properties was made on 13th April 1998. The application was opposed by the defendants by stating that the grant of amendment will prejudicially affect the defendants and a new case is made out. In the impugned order, the learned Judge has held that the documents on which the claim appears to have been based were in the custody of the plaintiff in 1994-95 and even then the properties were not included in the original plaint. The learned Judge has also observed that, in fact, the was directed to be heard and decided prior to 30.4.1998 and that the application appears to have been made only when the suit was fixed for hearing and it is for this reason that the application is rejected. The learned Judge passingly observed that on merits also, the nature of the suit is being changed.

(3.) MR .Dani, learned counsel appearing for the petitioners submitted that though there was no stay by this court, as a matter of fact, the suit has not been proceeded further than recording the examination-in-chief of the plaintiff and that it is not yet decided.