1990 (5) TMI 23

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..... dinate Judge dated August 31, 1989, by which an amendment in the plaint has been allowed but a direction has been issued that the plaintiffs will not be entitled to lead any fresh evidence as the plea taken by way of amendment was for the purpose of elaborating the plea which existed in the plaint. The plaintiff-petitioners, by instituting a suit for declaration, have challenged the sale deed exec .....

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..... was filed in the year 1985. Learned counsel for the plaintiff -petitioners has argued that since the amendment was allowed, the right of leading evidence should have been given to the petitioners. After hearing counsel for the parties and after giving my thoughtful consideration to the entire matter, I am of the view that the trial court has acted rightly in declining to allow the petitioner to .....

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..... ce cannot be led since the amendment was only for the purpose of elaborating an existing plea. In fact, much can be said about the plea of benami transaction in view of the Benami Transactions (Prohibition) Act of 1988 and the case law available on the point but since the amendment has been allowed and no revision has been filed by the defendant-vendees, this court is disinclined to take suo motu .....

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