INDIAN BANK Vs. SRINIVASA TIMBER DEPOT

JUDGEMENT

(1.) THE Revision is directed against an order of the learned I Additional Subordinate Judge, Warangal allowing I.A.No.769/1988 in O.S.No.163/1980, permitting amendment of the written statement filed by the respondents, setting up counter-claim against the petitipner-bank for a sum of Rs.30,000/- with interest at the rate of 18% per annum from 20-11-1979. THE petitioner filed the suit for recovery of the amounts said to be due from the respondents. THE respondents filed written statement on 20-11-1981 and the evidence of the plaintiff was dosed. On 15-11-1988, the respondents filed I.A.No.769/1988 praying for an amendment of the written statement/as mentioned above. THE learned judge allowed the petition and the present revision is filed by the plaintiff, aggrieved by the said order. Sri P.R.Prasad, learned counsel for the petitioner contended that under Order VIII, Rule 6-A C.P.C., the application for amendment was not maintainable, as the written statement was filed long prior to the filing of the amendment petition. THE said contention of the learned counsel is not tenable. Order VIE, rule 6-A C.P.C. reads as follows:-