MAGANBHAI RANCHHODJI DESAI Vs. RAMANBHAI DAHYABHAI PATEL

JUDGEMENT

(1.) Rule. Mr. U.D. Shukla, learned Advocate, waives service of the Rule. In the facts of the case and with the consent of the learned Advocates appearing for the parties, Rule is finally heard today.

(2.) The petitioners, who were the original defendants, have questioned the legality of the order passed below their application Exhibit 140 in Special Civil Suit No. 275 of 1981, thereby rejecting the petitioner's application for amendment in the written statement under Order 6 Rule 17 of the Code of Civil Procedure.

(3.) The respondent-plaintiff instituted the aforesaid Special Civil Suit No. 275 of 1981 against the petitioners herein for recovery of Rs. 1,40,000/- in the Court of Civil Judge (Senior Division), Surat. The said suit was based on a promissory note dated September 30, 1980. By the written statement at Exhibit 33, the defendant, the petitioner No. 1 herein, contended, inter alia, that the defendants were never in need of money nor they executed promissory note as pleaded by the plaintiff. It was alleged that the plaintiff-respondent was doing money lending business without proper licence.