INDERMULL ONKARLAL Vs. GIRRAJDAS VALLABHDAS

JUDGEMENT

(1.) PLAINTIFF Girrajdas filed a suit for recovery of arrears of rent in the Court of Small Causes Mandsaur on the basis of rent -note said to have been executed by the Defendant on 6 -5 -1943. This rent -note was not registered. The Defendant raised a defence that the suit on the basis of the rent -note was not competent. Plaintiff probably pressed by the decision in - 'Wamanrao v. Gopaldas' Civil Revn. No. 15 of 1951 (MB) (A) sought to amend the plaint by basing his cause of action on the basis of an oral tenancy anterior to the execution of the rent -note. This amendment was allowed by the trial court. The Defendant has preferred this revision petition against that decision.

(2.) MR . Malgava for the Petitioner contended that this amendment sought by the Plaintiff was not bona fide and ought not to have been allowed by the Court below. He also contends that this amendment changes the nature of the suit.

(3.) THERE is no substance in this revision application. It is accordingly dismissed.