(1.) THIS is a petition to revise an order passed by the Civil Judge First Class Guna granting leave to the Plaintiff -non -applicants to amend their plaint. In the plaint as it was originally filed it was alleged that the Plaintiff firm of Bhagatram Brijmohan entered into a partnership with the two Defendant -firms known as "Ramkrishandas Ghanshyamdas" and Tularam Girdharilal" for the supply of gram to the army of the former Gwalior State; that the partnership was dissolved on 17 -7 -1947 and the Defendant -firms who used to keep the accounts of the partnership business had failed to render any accounts of the partnership business to the Plaintiff -linn in spite of repeated demands.
(2.) HAVING heard learned Counsel for the parties, I have come to the conclusion that this revision petition must be dismissed. To me it appears that if the learned Civil Judge had instead of stating abstract propositions of law with regard to amendment of plaints, taken the trouble to show how the amendment did not alter the nature of the suit and the cause of action, the applicants would have had no ground for coming up in revision to this Court. The amendment was obviously prompted by the objection of the applicants that there could be no partnership between firms and that, therefore, the partnership alleged by the Plaintiff -firm was unlawful. Strictly speaking the amendment made in the plaint was not necessary. The reason is that when Bhagatram, Brijmohan and Shiv Shankarlal declaring themselves as owners of the firm Bhagatram Brijmohan alleged that their firm entered into a partnership with the two Defendant -firm of which Rameshwardayai, Ramkishandas, Chhitarmal and Ratanlal were partners, in fact and in law it meant that the three individuals who were partners in the firm Bhagatram Brijmohan joined with the four individuals who were members of the firm Ramkishandas Ghanshyamdas and Tularam Girdharilal, and carried on business together as partners for the supply of gram to the Gwalior Army.