BHARATKUMAR CHHATRAJI Vs. PATEL AMBALAL KANJIBHAI

JUDGEMENT

(1.) Heard learned Counsels for the parties.

(2.) Order dated 22-6-1998 below Ex. 47 in Civil Suit No. 6972 of 1987 passed by the Judge, City Civil Court, Ahmedabad under which the application filed by the plaintiff-petitioner for amendment of his plaint has been rejected is under challenge in this Civil Revision Application by him. The plaintiff-petitioner filed the suit out of which this Revision Application has arisen for dissolution of the partnership firm M/s. Bhailal Ambalal and Co. and for taking accounts of the said firm. Further prayer has been made by the plaintiff-petitioner for permanent injunction to restrain the defendants from carrying on any business in the suit premises and from entering the suit premises.

(3.) It is not in dispute that the defendants-respondents filed H.R.P. Suit No. 3939 of 1986 in the Small Causes Court, Ahmedabad in the name of the partnership firm M/s. Bhailal Ambalal and Co. against the plaintiff-petitioner in which a prayer has been made that a declaration be given that the firm is tenant of the disputed premises. It is not in dispute that the aforesaid suit has come to be decided on 19-7-1997 and the suit has been dismissed. In that suit it is not in dispute between the parties that Small Causes Court held that plaintiff-petitioner is the tenant of the suit premises. After decision in that suit, in the present suit, the plaintiff-petitioner filed the application and prayed therein for amendment of the plaint to the extent that defendants may be directed to hand over the possession of the suit shop to him.