MADHAVLAL Vs. LAXMAN

JUDGEMENT

(1.) THIS is a revision application by defendent Madhay lal against the order of the Munsif, Gulabpura dated 19.10.1972 whereby learned Munsif rejected the prayer of the petitioner to file written statement after allowing amendment of the plaint.

(2.) THE relevant facts giving rise to this revision application are that non -petitioner Laxman brought a suit for pre -emption on 15.9.1966 against the vendee Madanlal and vendor Madhavlal in respect of some agricultural land. The plaintiff claimed himself to be a co -sharer in the suit property and on that basis he pleaded that he was entitled to pre -empt the suit property sold by Madhavlal in favour of Madanlal. The summons of the suit were served on the petitioner Madhavlal but he did not but in appearance in the court with the result that ex -parte proceedings were ordered against him. During the pendency of the suit the plaintiff Laxman moved an application seeking permission to amend the plaint by adding the following para:

(3.) THE trial court allowed this application and the plaint was allowed to be amended accordingly without any notice to the petitioner Tadhay Lal. It so appears that when Madhavlal came to know about the said amendment of the plaint he moved an application that since the amendment was made behind his back without giving him any notice he must be allowed to file written statement, for the amendment vitally affects his interests. The learned Munsif after bearing arguments of the parties dismissed the application of Madhavlal It is against this order that the present revision application has been preferred by the petitioner Madhavlal.