NARAYAN SONAGI SAGNE Vs. SHESHRAO VITHOBA

JUDGEMENT

(1.) THE following questions have been referred to us for decision:

(2.) CIVIL Revision No. 275 of, 1945 which came for hearing before Boss, J. gave rise to this reference by the learned Judge. This revision was against an order passed by the trial Court in civil Suit No. 87 of 1938 allowing an amendment of the defendants' written statement and framing additional issues on the basis of the amended statement.

(3.) THE defendants' application for amendment of the written statement was opposed by the plaintiffs mainly on the ground that the amendment sought was not necessary to contest any new matter introduced by the plaintiffs. The trial Court overruled; the plaintiffs' objection and allowed the amendment and further struck additional issues (issues 3 to 7). This order was challenged in Civil Revision No. 275 of 1945 before Bose, J. and the question before the learned Judge was whether the order could and should be interfered with by the High Court in its revisional jurisdiction.