- (1.)This is a revision petition preferred by the petitioners against the order of the learned Subordinate Judge, Bellary allowing la. No. 311 of 1954 filed by the respondents for amendment of the plaint in Original Suit No. 45 of 1954.
(2.)The petitioners are the defendants and the respondents the plaintiffs in the lower Court. Plaintiffs' suit in the lower Court is for the recovery of Rs. 7,000 due on certain hundies executed by the 1st defendant. The allegations made in the plaint are that the 1st defendant as manager of defendants' family borrowed on 23-3-1954 Es. 7,000 and executed the suit hundies. But after the suit was filed, it appears that the office took objection that the hundies on which the suit was based were inadmissible in evidence, the same having not been written on Mysore Stamp paper. Then the plaintiffs filed an application as per I. A. 311 of 1954 under O. VI, Eule 17 C. P. C. praying for the amendment of the plaint. The amendment sought was that the 2nd defendant as manager of the joint family of defendants had dealings with the plaintiffs between 5-11-52 and 23-3-54, that on settlement of accounts the defendants were found due to the extent of Rs. 7,000 and that in satisfaction of that debt, the suit hundies were executed.
(3.)This application was opposed by the defendants on the ground that the same was not maintainable, that the amendment, if allowed, would have the effect of substituting an entirely new case, that it would also have the effect of altering the cause of action and the nature and scope of the suit, and that the application should be dismissed. The learned Subordinate Judge allowed the amendment, and as against that order this revision petition is filed.
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