PAWAN GUPTA Vs. PRITPAL SINGH SALUJA

JUDGEMENT

(1.) This appeal is directed against the order dated 14th December, 2005 passed by the learned Single Judge allowing the application filed by the respondent / plaintiff seeking for amendment of the plaint. The amendment sought for by the respondent, was addition of an additional party, namely, Ms.Mani Gupta, who is the wife of the appellant, in the pending suit filed by the respondent praying for recovery of money. The amendment was prayed for in view of the defence taken by the appellant in his written statement that the sum of Rs.2,56,000/-, which was given in the name of M/s Friends Industrial Corporation by cheques dated 30th March, 2000 and 7th July, 1999 were not received by him and the said Friends Industrial Corporation is a sole proprietorship of his wife.

(2.) In the suit, recovery was sought in respect of the amount which was allegedly given on loan by the respondent to the appellant to M/s Gupta Sales Corporation and M/s Friends Industrial Corporation. After the aforesaid written statement was filed, it transpired that the appellant is the proprietor of M/s Gupta Sales Corporation, whereas his wife Mrs.Mani Gupta is the proprietor of M/s Friends Industrial Corporation. Money given to both entities on loan is the subject matter of the suit for recovery. In that view of the matter, application was filed by the respondent praying for addition of Ms.Mani Gupta as one of the defendants.

(3.) The said prayer was considered by the learned Single Judge. On appreciation of the relevant facts and taking into consideration the fact that part of the amount which is sought to be recovered was also given to M/s Friends Industrial Corporation of which Ms.Mani Gupta was the sole proprietor, the application for amendment was allowed holding that she is a necessary party and that in her absence it would not be possible to determine the real controversy between the parties.