MEWAR INDUSTRIAL AND COMMERCIAL SYNDICATE UDAIPUR Vs. FIRM RAI BAHADUR SETH MOOLCHAND SUGANCHAND UDAIPUR

JUDGEMENT

(1.) THIS is an appeal by the defendant under Order XL11i, Rule 1 of the Civil Procedure Code from an order of remand made by the District Judge, Udaipur, dated the 18th of February, 1954.

(2.) THE facts giving rise to it are that the present suit was instituted by the firm Rai Bahadur Seth Moolchand Suganchand, Udaipur, through Malik Rai Bahadur Sir Seth Bhagchand Tekchand Soni resident of Ajmer. THE plaint was signed by Bhagchand Soni. THE suit was for the recovery of Rs. 4,652/10 and was based on an agreement which has been marked as Ex. P. 1. It was averred that the partnership between the parties had come to an end and the defendant was liable to pay the said amount to the plaintiff. THE defendant appellant traversed the suit and raised several objections. THE trial court framed four issues and recorded evidence of both the parties. On the 5th of December, 1952, the defendant closed his evidence and the case was fixed for arguments on 11th of December, 1952. A day earlier i. e. on 10th of December, 1952, learned counsel for defendant presented an application for permission to amend the written-statement. It was mentioned therein that the suit was filed by Firm Moolchand Suganchand whose proprietor was Seth Bhag Chand Soni, while the defendant's agreement was with Moolchand Suganchand (Mining Department) whose partners were different persons that the names of the two firms being similar, a mistake had crept in the written-statement. He, therefore, sought permission to make the following amendment: - "that the Managing Director of the defendant Company did not enter into any agreement on 1st of January, 1947,with the plaintiff Bhagchand Soni, Proprietor of the Firm Moolchand Suganchand, Udaipur. "