SYNDICATE BANK Vs. I K MALIK

JUDGEMENT

(1.) The petitioner assails the order dated 8.5.1995 of Shri I.S. Mehta, Additional District Judge, Delhi, dismissing their application under Order VI, Rule 17 Civil Procedure Code . for amendment of written statement. The facts in brief are:-

(2.) The petitioner justifies the amendments sought on the ground that few years ago there was a fire in its zonal office and some of the record was burnt and the partially burnt record was shifted to various offices. Written statement was filed in the absence of complete facts, correspondence and documents, which were not traceable at that time. It is submitted that the petitioner in fact has been able to locate some of the records found in partially burnt condition. The records now traced show that the premises Nos. C-17 and C-18 were amalgamated into one by prior permission from DDA.

(3.) Counsel for the petitioner states that the aforesaid amendments do not in any manner change the nature of the case or introduce any inconsistent plea. The said amendments only seek to explain and clarify the original cause of action. These amendments are necessary for determining the matter in controversy.