MARATHON ELECTRIC PVT LTD Vs. DEVIE AND CO

JUDGEMENT

(1.) PRAYER: Application filed under Order XIV Rule 8 of O.S.Rules read with Order VIII Rule 9 of C.P.C.) The plaintiff has filed a reply statement along with the application to receive the same. The following pleas are found in the affidavit:

(2.) IN the counter filed by the defendants 1 and 2 it is alleged that the plaintiff has taken out this application to get over the legal bar. On the eve of commencement of trial, an application for amendment may not be permissible. It is an attempt to improve upon the pleadings of the plaintiff to fill up the latches, after seeing the written statement. The plaintiff virtually attempting to substitute the plaint, which is impermissible. One of the three documents, produced along with the reply statement is purported acknowledgment of liability dated 06.08.2002. It has been gotten up after perusal of the written statement with the intention of neutralizing the averments of the written statement. It is a specific case of the plaintiff that a sum of Rs.1,25,19,056.14 as on 06.12.2002 and therefore the document dated 06.08.2002, wherein there is an alleged acknowledgment of the defendant's liability to the tune of Rs.1,19,88,000/-, is a begotten one. The perusal of the document would show that no credit has been given under the head "Provisions", to the tune of Rs.52.6 lakhs, which has been acknowledged by the plaintiff by its letter dated 12.02.2000. Having not given credit to the provision account, the plaintiff is not justified in raising the suit claim.

(3.) REPELLING the contentions, the learned counsel appearing for the defendants would submit that going by the reply statement, it could be seen that the plaintiff has taken new plea with regard to the alleged liability letter dated 06.08.2002, that it was not divulged in the plaint and that the plaint pleadings did not reflect the particulars of amount as mentioned in the said document.