Prabhu Dayal vs Firm Prabhulal Chandmal

Nigam, J.C.

Firm Pirbhu Lal Chandmal, Kirana Merchants, Ajmer, filed S.C.C. Suit No. 370 of 1953 against Kanhyalal Karta & proprietor of the joint Hindu family firm Lalla Mal Kanhayalal of Ajmer, in the Court of the Judge, Small Causes, Ajmer, claiming a decree for Rs. 220/-. On 14-5-1953, an application was presented that owing to a bona fide mistake Kanhyalal had been mentioned as a Manager and Karta of the joint Hindu family Firm instead of Prabhu Dayal and it was requested that as this mistake amounted to a mis-description, an amendment of the plaint be permitted. The learned Judge, Small (muses, was of opinion that as the mistake was a bona fide one, the correction should be allowed on payment of costs. Against that order, Prabhu Dayal defendant has come up in revision. I have heard the learned counsel for parties.

The learned counsel for the applicant urges that the suit had been filed against a dead person and, as such, it was incompetent and no amendment or correction of the title of the suit could be permitted. In substance, the suit was against the Firm Lalla Mal Kanhayalal. This Firm could have been sued through Kanhyalal as the Karta and proprietor. Had that been the title of the suit, there would have been no difficulty in substituting Prabhu Dayal''s name for that of Kanhayalal. In the circumstances, I am of opinion that the amendment was rightly allowed.

I, therefore, see no force in this revision and dismiss it. I make no order as to costs.