JAGAR NATH BAGATI Vs. JEENA & CO

JUDGEMENT

(1.) THIS is a revision application directed against the order of the trial Court of Judge Small Causes Court dated 14 -11 -1956 disallowing the application of the plaintiff for amendment of the title of the suit.

(2.) THE plaintiff filed a suit for the recovery of Rs. 2,693/3/ - in the name of Himalayan Agency through its sole proprietor Pt. Sri _Kanth Bagati. In the written statement the defendant in para 17 raised an objection that there was a mistake in the title of the suit so far as the plaintiff was concerned. The trial Court framed an issue on 26 -2 -1955 and during the course of the trial an application was made by the plaintiff for the amendment of the title of the suit. The application was resisted by the defendant and the trial Court found that the mistake was not a bona fide mistake and therefore, disallowed the application. Hence this revision application.

(3.) IT is argued on behalf of the plaintiff petitioner that the trial Court has not given any good reason for disallowing the amendment and the order of the trial Court is erroneous in law.