SHETH CHIMANLAL AMBALAL Vs. SHAH HASMUKHLAL ALIAS HASUBHAI KESHAVLAL

JUDGEMENT

(1.) This revision petition is filed by the original plaintiff against the opponents-defendants under sec. 115 of the Civil Procedure Code against the order passed by the learned Joint Civil Judge Senior Division dated 5-2-1974 in Special Civil Suit No. 50 of 1972 below application Ex. 13.

(2.) The facts leading rise to this revision petition briefly stated are as under:

(3.) The second amendment sought for was for adding a claim for the interest amount that is alleged to have fallen due till the date of presen- tation of the suit before the Court. That amendment has been disallowed by the trial Court on the ground that it was necessary to include this claim of interest which had become due till the date of the presentation of the plaint before the Court while presenting the plaint before the Court. But as the petitioner had not done so it assumes the position of the relinquished claim in view of the provisions of Order 2 rule 2 of the Civil Procedure Code (which will be hereinafter referred to as the Code 9 ) and in view of sub-rule (2) of rule (2) of Order 2 of the Code plaintiff shall not afterwards sue in respect of the portion so omitted or relinquished. According to the learned trial judge it was the legal right that accrued in favour of the defendents and any such amendment taking away that right cannot be allowed. It is on this reasoning that he has disallowed this prayer made by the petitioner.