RAVINDRA VASANTRAO BHINGARKAR Vs. BANK OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both the learned Advocates at length. Since the present civil revision applications can be disposed of at this stage itself, by consent of both the learned Advocates I am disposing of the same finally. Since the issues involved in all these civil revision applications are common, the same are disposed of by this common judgment.

(2.) RULE. Rule returnable forthwith.

(3.) THE petitioner is the original defendant in the special suit filed by the respondent Bank against the petitioner for recovery of loan amount. The suit was filed on 11-3-1991 by the respondent Bank. It is the case of the petitioner that the respondent Bank moved an application dated 9-1-1997 for amendment of the plaint and sought to amend the plaint by adding the following paragraph: plaintiff submits without prejudice to what is stated above that the defendant wrote a letter dated 12-7-1988 to the plaintiff Bank under his signature and in the said letter defendant has in most clear terms admitted that fact of the plaintiff Bank having given the loan as mentioned in the plaint to the defendant and defendant having availed it. So also, vide letters and correspondence from time to time the defendants having admitted the liability to repay amount. Plaintiff further submitted the liability to repay amount. Plaintiff further submits that by the said letter the defendant unconditionally and in express terms promised to pay the amount due to the plaintiff Bank and also admitted indebtedness and liability in writing and under its signature. Plaintiff submits that in view of the promise to pay in writing and under its signature on 12-7-1988, the plaintiff Bank is entitled to claim the benefit of that letter in the present suit for the recovery of the suit claim due and as such plaintiff is claiming the same. "