TARA CHAND AGGARWAL Vs. BABU LAL AND ORS.

JUDGEMENT

(1.) THE plaintiff filed the suit for rendition of accounts and recovery of amount. The present application under Order VI Rule 17 CPC read with Section 151 of Code of Civil Procedure, 1908 has been filed on behalf of plaintiff seeking amendment in the plaint.

(2.) IT is stated in the application that during the pendency of the suit, the plaintiff filed written complaint under Section 406/420/468/471/34 IPC and whereupon an FIR No. 384/2004 was lodged against defendants. The police on investigation recovered cheques 'drawn as self bearing forged signatures of the plaintiff whereby defendants No. 1 & 2 managed to withdraw funds from the accounts of plaintiff's firm M/s. Shyam Lal Pawan Kumar. The police had sent aforesaid cheques for investigation and report of expert at Calcutta was submitted to the prosecution. The police had filed challan for the aforesaid offence against defendants No. 1 & 2 in the above suit and the case is pending trial in the court of Shri Ajay Goel, MM, Delhi.

(3.) IT is submitted by the plaintiff that the aforesaid amendment has arisen during the pendency of the suit and is a subsequent event having taken place after filing of the present suit. The amendment is necessary and material for just and proper adjudication of the claim of the plaintiff, and should be allowed in the interest of justice. The present application is opposed by the defendants.