DITTU RAM Vs. AMAR CHAND

JUDGEMENT

(1.) This application in revision by Dittu Ram is directed against an order of Shri T.C. Rewal, the then Senior Subordinate Judge, Mahasu.

(2.) The respondent had filed a suit for rendition of accounts and dissolution of partnership against the petitioner. Subsequent to the filing ot the written- statement, leave to amend the plaint was granted and an amended plaint was put in on 30-5-1960 and the petitioner was required to file a written-statement by 20-6-1960. A replication was filed by the respondent and an objection was raised that the petitioner had in the supplementary written-statement put forward pleas which were inconsistent with some of the pleas put forward in the written-statement initially filed and were foreign to the fresh matter introduced on amendment of the plaint. That objection prevailed with the learned trial Court and by the order sought to be revised the new and inconsistent pleas raised by the petitioner were directed to be ignored.

(3.) A preliminary objection has been raised on behalf of the respondent that the application in revision does not lie. I, however, do not propose to go into that objection as the application in revision does not appear to have merits.