ROBINSONS Vs. ORIENTAL ART INDUSTRIES

JUDGEMENT

(1.) This is a Revision Petition filed by the plaintiff in regular Suit No. 15/80 against the order of Shri R. C. Jain, Additional District and Sessions Judge, Delhi, dated 4-6-1983. The learned Additional District and Sessions Judge had rejected the application for the amendment of the plaint on the ground that the application was made mala fide to bring the suit within time.

(2.) The plaintiff is a cargo agent. Defendant No. 1 is the firm, defendant No. 2 is its proprietor and defendant No. 3 is the sub-agent of the plaintiff. The plaintiff books cargo on behalf of the defendants 1 and 2. The claim in the suit is for the freight amounts and the service charges incurred by the plaintiff from time to time on behalf of the defendants 1 and 2. The claim in the suit is for Rs. 84,139.20 p. In the original plaint para 15 reads as follows :

(3.) The plaintiff submitted that when the defendant No. 1, who was the only defendant in the beginning, filed his written statement he denied that a sum of Rs. 8,000.00 was paid on 26-9-1977. That made the plaintiff to look up the accounts more carefully when he found that the said amount of Rs. 8,000.00 was actually paid on 3-11-1976. Subsequently, on 1-1-1977 a sum of Rs. 7,0007- was paid and the last payment of Rs. 5212.75 was made on 26-9-1977. This is the purport of the amendment that is sought.