PATHIKONDA GOPALA RAO Vs. NAGIRI PEDDA KITAMMA

JUDGEMENT

(1.) The civil Revision Petition of filed as against the order of the District Munsif of Madanapalle refusing to permit the amendment of the plaint in O. S. No. 139 of 195 The suit was instituted by the plaintiff for the recoveryof moneys due from the defendant on dealings. The applicatioin for amendment was filed to permit him to sue as the manager of the joint family consisting of himself and his brother and also to implead his brother as the second plaintiff. The application was opposed by the defendant on the ground that by permitting the plaintiff to sue as the joint family manager, he will lose valuable plea of limitatioin. The District Munsif upheld the objection of thedefendant and dismissed the amendment application. This Civil Revision Petition is filed as against that order.

(2.) The short point for consideration is as to whether by permitting the plaintff to sue as the manager of the joint family a new case is introduced or the cause of action is in any way altered. The language of Or. 6R. 17, Civil P. C., is very wide. It enacts that:

(3.) But having regad to the facts of the particular case that no proper notice was issued under S. 80, civil P. C., the learned Judge confimed the order of the trial court dismissing the application for amendment.