M/S SRIRAM COMPOUNDS PVT LTD (EARLIER KNOWN AS SRIRAM COMPOUNDS) Vs. VINOD MITTAL (PROPRIETOR OF M/S GLOBE GENERAL INDUSTRIES)

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India feeling aggrieved by the order dated 20th January, 2017 whereby the application filed by him seeking amendment of the written statement has been dismissed by learned Trial Court.

(2.) Learned counsel for the petitioner has submitted that the Civil Suit No.594430/16 (549/14) was filed by the respondent/plaintiff for recovery of sum of Rs. 56,977/- together with costs and interests towards the balance price of goods lift. The costs of lift was claimed to be Rs. 2,13,200/- out of which a sum of Rs. 1,65,000/- was paid and for the balance sum of Rs. 50,200/-, the civil suit was filed.

(3.) In the written statement the petitioner/defendant took preliminary objections, replied the paras on merits and also raised a counter claim for a sum of Rs. 9,13,100/- in para 30 of the written statement. The Court fee on counter claim of Rs. 9,13,100/- was paid in terms of order of learned Trial Court dated 20th April, 2013. The pecuniary jurisdiction of learned Civil Judge being to Rs. 3,00,000/-, although the Civil Suit No.594430/2016 (Old No.549/14) was instituted against M/s. Sri Ram Compounds and since the constitution of the firm was changed to that of a Private Limited company, the Director of the defendant Company restricted the counter claim to Rs. 3,00,000/- by making statement to this effect before learned Trial Court.