BHARAT BHUSHAN Vs. M.P. GOEL

JUDGEMENT

(1.) THE petitioner has challenged the order of the learned Tribunal whereby the respondent's application under Order 6 Rule 17 of the Code of Civil Procedure has been allowed.

(2.) THE respondent has filed a suit for recovery of Rs. 2,31,000/ - against the petitioner which is pending before the learned Trial Court. The averments made in the plant inter -alia are that the respondent paid a sum of Rs. 1,50,000/ -to the petitioner by means of two cheques bearing No. 015941 dated 5th October, 1994 for Rs. 1,00,000/ - issued by Bank of Maharashtra and a cheque bearing No. 015952 dated 24th October, 1994 for Rs. 50,000/ - and both these cheques were debited from the account of the respondent and were credited to the account of the petitioner.

(3.) THE learned Counsel for the petitioner submits that by virtue of the amendment of Code of Civil Procedure by Act 22 of 2002, the amendment cannot be allowed after the trial has commenced unless the Court comes to the conclusion that in spite of due diligence, the parties could not have raised the matter before the commencement of trial.