NARESH KUMAR BHATIA Vs. PAWAN KUMAR BHATIA

JUDGEMENT

(1.) Order dated 15.5.2018 passed in an application under Order 16 Rule 1(a) read with Section 151 CPC registered as CMA No. 137 of 2018 filed in civil suit No. 119 of 2008 by learned Senior Civil Judge, Nurpur is under challenge in this petition.

(2.) The complaint is that after allowing the amendment in the plaint the permission to examine the witnesses to dissolution deed dated 31.3.2003 of the firm M/s Rama Krishana Feed Industry at Nagawari has been wrongly denied. The record available at this stage reveals that by way of amendment the petitioner-plaintiff was permitted to plead the factum of dissolution of partnership firm M/s Bhatia Hatchery and M/s Rama Krishna Feed Industry vide dissolution deed dated 31.3.2003 in paras-5 and 6 of the plaint.

(3.) After the amendment allowed in the plaint, the application came to be filed with a prayer to allow the petitionerplaintiff to examine the attesting witnesses to this deed and also the Notary public who has attested the dissolution deed. As a matter of fact, pleadings qua dissolution of the above partnership firm were already there in paras 1 to 4 and 7 to 12 of the plaint originally filed. By way of amendment the factum of dissolution thereof vide dissolution deed 31.2003 has been ordered to be pleaded in paras 5 and 6 of the plaint also.