JAINARAYAN MANDLAL Vs. AGARWAL PANCH MANDAL KHAMGAON
HIGH COURT OF BOMBAY
AGARWAL PANCH MANDAL, KHAMGAON
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(1.) THE present revision is directed against the order dated October 29, 1968 passed by the 2nd Joint Civil Judge (Junior Division) Khamgaon, allowing the plaintiffs to amend their plaint so as to add averments in the plaint to the effect that they were suing in the representative capacity under Order 1 Rule 8, Code of Civil Procedure.
(2.) THOUGH the application was styled as an application for amendment, the amendments sought were that the suit property belonged to the Agarwal community of Khamgaon and the plaintiffs were suing as such for and on behalf of the community and they seek leave as required by Order 1 Rule 8, Code of Civil Procedure. In other words, the application was referable to the power of the Court under Order 1 Rule 8 and consequently the amendment under Order 6 Rule 17 of the Code.
(3.) HOWEVER, the learned Court treated it as merely an application for amendment and on that footing allowed it and now the plaint stands amended, whereby the cause title in the plaint is changed showing that the original plaintiffs are suing in the representative capacity for and on behalf of Agarwals of Khamgaon for their benefit. A para is added being para No. 7 (a) stating that the property is owned by all Agarwals of Khamgaon and some of the members are managing the same in the name as Agarwal Panch Mandal which was the original name of the plaintiffs. Similarly, in the same paragraph permission is sought from the Court as required by Order 1 Rule 8, Code of Civil Procedure.;
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