NAND KISHORE ARORA Vs. ADARSH KUMAR JAIN

JUDGEMENT

(1.) This Revision Petition is directed against an order of refusing to reject the plaint under Order 7 Rule 11, Civil Procedure Code on the ground that the plaint did not show any cause of action.

(2.) The cause of action is mentioned in para 9 of the plaint. It reads as under: That the cause of action in favour of the plaintiff arose on 5 April, 1982 against the defendants, upon defendants receiving from plaintiff the said sum of Rs. 20,000.00 for which receipt dated 5 April, 1982 was duly executed by defendants & delivered to plaintiff on 5 April, 1982. The cause of action thereafter arose in favour of the plaintiff on 7 April, 1982 by way of debit to the bank account of plaintiff; on 15 April 1982 when defendants failed to make availabale requisite documents to the plaintiff on June 5,1982 when defendants failed to execute and get registered the sale deed in favour of the plaintiff; on 5 July, 1982 when defendants failed to refund to plaintiff with interest the said sum of Rs. 20,000.00 (Rupees twenty thousand) only; on 27 May, 1983 when the notice of demand dated 19 May, 1983 was served upon defendants, on 15 June, 1983 when the notice of demand dated 19 May, 1983 was served upon defendants, on 15 June, 1983 of the Counsel for the defendants was served upon Counsel for the plaintiff and on various other dates when the plaintiff called upon defendants to perform their part of the contract. The cause of action is continuing one and continues to subsist in favour of the plaintiff and against the defendants."

(3.) The plaintiff filed a suit for recovery of Rs. 26,120.00. The amendment in the plaint had already been allowed in para 6 of the plaint to indicate that the plaintiffs were always ready and willing to perform the part of the contract. This amendment would obviously relate back to the date of institution of the suit.