SANJIWAN SAHNI Vs. CITI BANK

JUDGEMENT

(1.) In R.F.A. (OS) 20/82, on 8/04/1983, aconsent decree was passed in favour of Citi Bank, N.A. respondent hereinand against Sanjiwan Sahni and others. Sanjiwan Sahni agreed to becomesurety under Section 145, Code of Civil Procedure and the consent orderprovides that he will be jointly and severally liable alongwith the other judgment debtors for the amount of the decree. Para 3 of the application containing terms of the consent decree reads as under :

(2.) According to the respondent Sanjiwan the payment in terms ofthe decree was not made. The Bank gave notice under Section 6(2) ofProvincial Insolvency Act to the petitioner in October, 1984 and thereafterthe insolvency petition was filed by the respondent against Sanjiwan Sahni.The insolvency petition seems to have been filed sometime in the year 1984.Sometimes in the year 1989 an application under Order 6 Rule 17 read withSection 151 Civil Procedure Code was filed by the petitioner seeking amendment of his replyto the insolvency petition. The said application was dismissed by theInsolvency Judge on 6/01/1990. inter alia. holding that the amendment sought for appears to be most malafide and has been filed to delay theproceedings. The appeal filed by the petitioner was dismissed by the Additional District Judge on 1/12/1990. Now the petitioner is beforethis Court in this revision petition.

(3.) The petitioner has sought amendment so as to incorporate in thereply the plea to the following effect :