Shivdayal, J. - (1.)THIS petition for revision arises out of an order passed by the learned Civil Judge, First Class, Ujjain refusing leave to amend the plaint,
(2.)ON the 21st October 1955, the petitioner brought the suit in the Court of the Civil Judge, first class, Ujjain for the recovery of Rs. 2512/6/6. On the 25th February 1956, the defendant filed his written statement and he disputed the allegation of the plaintiff that there was an open and current account between the parties on which the suit was based On the 15th April 1956, the plaintiff filed a rejoinder and issues were framed on the 7th May 1956. Thereafter, one witness was also examined.
On the 15th July 1957, the plaintiff made the application seeking leave to amend his plaint. In the plaint, as it stood originally, it was mentioned that Art. 85 of the Limitation Act applied to the suit and the same was, therefore, within limitation. Now the plaintiff wanted to add another ground for saying that the suit was within limitation. This ground was that according to the accounts filed by him with the plaint, all his dues upto the 29th April 1953 except Rs. 9/2/9 stood satisfied by appropriation under Section 60 of the Contract Act. He, therefore, claimed a sum of Rs. 19/2/9 which was thus found due by the defendant on the 29th April 1953 and all the sums after the last mentioned date.

(3.)THE defendant resisted the application dated the 15th July 1957 on the ground that the nature and character of the suit would be altered; that he would be deprived of a valuable right and that the application was not made in good faith.
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