D.P.BUCH - (1.) The petitioner, herein, has preferred this Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dated 7.1.1989 recorded by the learned Civil Judge (S.D.) at Mehsana below Ex.68 in Special Civil Suit No.29/1988 under which the learned trial Judge dismissed the said application of the present petitioner - original plaintiff seeking amendment in plaint under Order-6 Rule-17 read with Order-1 Rule-10 as well as under Section 151 of the said Code.
(2.) It appears that the petitioner, herein, preferred the aforesaid Civil Suit for specific performance of an agreement of purchase of a property from the respondents No.1 to 4 and 7. During the pendency of the said suit, respondents No.6 and 8, herein, being the defendants in the aforesaid Civil Suit submitted an application contending that since the suit has been filed by the proposed Cooperative Society, it is not maintainable. It seems that with a view to meet with the said contention of respondents No.6 and 8, the petitioner, herein, submitted an application at Ex.68 before the trial Court in the aforesaid Civil Suit for amending the plaint.
(3.) In the said application the petitioner, herein, stated that in the cause title of the plaint the plaintiff has been shown as; "Vijay Park Cooperative Housing Society, (proposed) at Siddhpur's Chief Promoter Dasharathlal Ambalal Patel. The petitioner contended that the concerned respondents have not filed Written Statement but they have submitted an application stating that the suit as filed by the petitioner is not maintainable. It is also contended by the petitioner that though the agreement has been executed in favour of the petitioner - original plaintiff, however, it was intended that the registered Sale Deed may be executed in favour of the proposed Cooperative Society in future and, therefore, the name of the proposed Cooperative Society has been mentioned in the agreement to sell and, therefore, the description of the plaintiff - petitioner, herein, has been so shown in the cause title of the plaint. That in fact, the consideration of the agreement to sell has been paid by the petitioner himself and an agreement to sell has also been effected by the petitioner - plaintiff, in his individual capacity. Therefore, with a view to avoid any technical defect as indicated in the aforesaid application of respondents No.6 and 8, the petitioner desired to amend the plaint so as to delete the words from the cause tile; "Vijay Park Cooperative Housing Society, Siddhpur. (proposed)'s Chief Promoter.;