SABHARI SYNDICATE Vs. CATHOLIC SYRIAN BANK LTD

JUDGEMENT

(1.) THIS CRP is filed by the defendant in O. S. No. 371/1985 on the file of the Addl. Sub Court , ernakulam challenging the order in LA. No. 6249/93 dt. 30. 11. 1993. That petition was filed by the defendant to amend the written statement by incorporating a counter claim against the plaintiff. That order is dismissed by the lower court holding that the application for amendment of the written statement is highly belated and the counter claim sought to be incorporated in the written statement is barred by limitation.

(2.) PETITIONER has contended that in the above suit filed by the respondent claiming huge amount the petitioner made vague counter claim in their written statement and in order to make the counter claim specific and clear they filed the above LA. to amend the written statement. But the learned sub Judge without properly considering the pleadings and the contentions raised by the defendant dismissed the application stating that the application is highly belated and the counter claim sought to be incorporated is barred by time.

(3.) THE main contention raised by the respondent is that the petitioner did not make any counter claim in the original written statement or additional written statement and therefore the amendment sought for is to incorporate a claim which is barred by limitation and if the written statement is amended as claimed by the defendant it will change the nature of the contentions raised by the petitioner by giving a new cause of action which cannot be allowed.