SMT. MANORAM SHARMA Vs. SH. BALDEV CHAND JAGOTA

JUDGEMENT

(1.) The plaintiff -petitioner has filed this revision petition against the order of the trial Court dated August 14, 1980, whereby her application for amendment of her plaint was dismissed.

(2.) The plaintiff -petitioner filed the suit on January 20, 1978, for rendition of accounts and for the recovery of Rs. 50/ - or such other sum as may be found due or payable to her on rendition of accounts. The allegations in the plaint were that the plaintiff petitioner and the defendant respondent resolved to start poultry business jointly in partnership with each other. In paragraph 4 of the plaint, it had been further pleaded that the defendant respondent admitted the partnership consisting of him and the petitioner. In view of the averments made earlier in the plaint that she and the respondent were the partners, the prayer for the amendment of the plaint, sought by the petitioner that she may be allowed to claim the additional relief of the dissolution of the partnership, could not be rejected on the ground that the relief would have been claimed at the earlier moment when the suit was filed. The trial Court acted illegally and with material irregularity in observing that the said amendment would raise a new cause of action and that would not be within time. Since the application for amendment had been made at a very late stage, the same could be allowed only on payment of heavy costs.

(3.) As regards the question whether the suit for the dissolution of the partnership would not be within time, though nothing has been shown to substantiate this contention at the bar, yet the defendant -respondent may take this plea in the written statement if available to him Since the amendment will avoid the multiplicity of the proceedings, it is in the interest of justice that the amendment sought for should be allowed.