Gunnaji Bhavaji vs Makanji Khushalchand on 2 March, 1909

JUDGMENT

1. In this case we cannot agree with the learned Judge of the Court below that an amendment such as was asked for would convert the suit into a suit of different and inconsistent character. The suit would remain the same based upon exactly the same cause of action except for the addition of one allegation. We think, therefore, that the amendment should be allowed as shown in para. 1 of the memorandum of appeal, but as the controversy has arisen entirely through the negligence of the plaintiffs, we direct that they must pay the costs of the appeal and of the first hearing in the Court below including the costs if any of the hearing of the judgment. Leave granted to defendants to file a supplemental written statement, if so advised.