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1988 DIGILAW 335 (KAR)

SREENIVASA KRISHNAPPA BILAGI v. SHIVAPPA CHANNABASAPPA

1988-08-01

M.P.CHANDRAKANTARAJ

body1988
CHANDR KANTARAJ, J. ( 1 ) THIS matter coming up for orders is taken up for final hearing, by consent of parties and disposed of by the following order.- this Revision Petition is by the appellant in R. A. 10/82 on the file of the Civil judge at Sirsi. In the said appeal, he presented I. A III seeking amendment of his plaint. That has come to be dismissed. Therefore, the present Revision. The suit by the appellant-plaintiff was dismissed. The suit was one for bare injunction. ( 2 ) THIS Court in C. R P. 1213/74 disposed of on 2-8-74, has held that:"when a party to an appeal seeks amendment of his pleadings, the proper stage at which the amendment prayed for should be allowed or refused is the stage of hearing of the appeal. It is only at the hearing of the appeal that the Court can say as to what are the real questions in controversy between the parties. Where the Court dismissed an application for amendment before the stage of hearing, the order is liable to be set aside under Section 115 c. P. C. "it is too late to examine whether that view is the correct view or not. it is convenient to follow the precedent already established. Therefore, this Revision is allowed and order made on I. A. 3 is set aside and the lower appellate court is directed to dispose of I A. Ill when the appeal itself is taken up for hearing. Order accordingly. --- *** --- .