GOMAND Vs. POORAN

JUDGEMENT

(1.) Shri Gomand appellant is also the plaintiff in the original suit and he has now come in appeal against the judgment of the Revenue Appellate Authority dated 19 -12 -67 wherein the learned R.A.A while accepting the amend -ment in the original reply to the plaint by the defendant -respondent has remanded the case to the trial court for a fresh decision in the suit in accordance with law after taking due additional evidence, if any, from the two parties in view of the amendment in the written statement (para 9) given by the defendant -respondent.

(2.) It has been pleaded before us by the appellant that by the aforesaid amendment in the original written reply by the defendant respondent, the whole nature of the suit has changed and therefore first appellant court has erred in remanding the case on this account. Reliance has been placed on a number of rulings viz. A.I.R. 1965 Manipur 53, 1959 Andhra Pradesh 448 and 1953 Orrisa 315.

(3.) In reply it has been argued that only such amendments are not to be allowed where the whole nature of the suit and relief is changed and secondly it is pleaded that in the interest of law and equity, all amendments necessary to arrive at justice should be allowed.