PUNJA Vs. RAMLAL

JUDGEMENT

(1.) THIS is a defendants' appeal against an order of, the District Judge, Jodhpur, dated 10-9-1952, by which he accepted the plaintiff's prayer for amendment of his plaint and remanded the suit to the trial court to be proceeded with according to law.

(2.) FT is not' necessary to state the facts, out of which this appeal has arisen, at any length. The plaintiff Ramlal's case was that he had entered into a partnership with the defendants in connection with the sale of curtain bullocks whom the defendants have sold but the latter had failed to pay the plaintiff the price realised by the sale of the bullocks as well as the profits made out of such sale. The plaintiff's allegation was that the bullocks had been purchased by him with his, own money. The defendants raised a number of pleas with which we are not concerned for the purposes of the present appeal, and the only contention which it is necesary to mention is that the plaintiff's suit as framed was not maintainable and that he should have brought a suit for dissolution of the partnership and rendition of accounts. A prayer was made to the trial Judge for amendment of the plaint during the course of the trial but it was turned down. The trial court framed 11 issues; recorded evidence on all of them, and decided almost all the issues in favour of the plaintiff but dismissed the suit on the ground that it was not maintainable in the form in which it was instituted. The plaintiff went in appeal to the learned District Judge. The latter came to the conclusion that the trial court should have allowed the amendment of the plaint in the circumstances of the case in conformity with the provisions of Order 6, Rule 17, C. P. C. , and in that view reversed the decree of the trial court and remanded the case back to it for trial according to law. This appeal has been preferred from the above order.