LAWS(ALL)-1995-2-80

BAL KISHAN Vs. STATE BANK OF PATIALA

Decided On February 08, 1995
BAL KISHAN Appellant
V/S
STATE BANK OF PATIALA Respondents

JUDGEMENT

(1.) D. S. Sinha, J. Heard Sri Sharad Sharma, learned counsel appearing for the applicant.

(2.) THIS revision, under Section 115 of the Code of Civil Procedure, 1908, hereinafter called the Code, is directed against the order and judgment dated 17th March, 1989, passed by the IV Additional Civil Judge, Moradabad in Original Suit No. 713 of 1985, whereby the prayer of the applicant for amendment of his written statement by incorporating a paragraph challenging the jurisdiction of the court has been rejected.

(3.) IT cannot be disputed that, basically, the suit is one for recovery of the loan advanced by the Bank against the defendants, including the applicant. Therefore, the question of jurisdiction of the court shall have to be determined with reference to the provisions contained in Section 20 of the Code,