PRAHLAD PRASAD NAG Vs. RAGHUNATH PRASAD

JUDGEMENT

(1.) THIS is a revision petition under Section 115 C. P. C. against the order dated 3rd September, 1986, passed by learned Additional Civil Judge, No. 1, Jaipur City in Civil Suit No. 104/74, rejecting the plaintiff's application for amendment of the plaint.

(2.) I have heard the learned counsel for the petitioner. None appears on behalf of the respondents inspite of service of notice for admission and disposal of this petition.

(3.) KEEPING in view the above discussion, I am of the opinion that the application filed by the petition is within limitation of Article 65 of the Indian Limitation Act shall be applicable to the same. In view of the law quoted above for the proper course for the trial court will be to allow the amendment as applied by the petitioner and there after return the plaint to the plaintiff for presentation to proper court.