K VINAYAK REDDY Vs. SHRIRAM CHITS LIMITED

JUDGEMENT

(1.) The first respondent filed O.S.No.543 of 2002 against the petitioners and respondents 2 to 4, in the Court of the Principal Junior Civil Judge at Nizamabad for recovery of amount, on the strength of a chit transaction. It was pleaded that being the prized subscribers, the petitioners were paid a sum of Rs.2,04,000/-, and having received the same, the petitioners failed to pay the instalments. The trial of the suit is in progress, and recording of evidence on both the sides is said to have been concluded.

(2.) The first respondent filed I.A.No.1205 of 2004 with a prayer to reopen the evidence, and I.A.No.1206 of 2005 under Rule 17 of Order IV of Code of Civil Procedure, 1908 (CPC), to amend the plaint.

(3.) It was pleaded that soon after the petitioners emerged as prized subscribers, they instructed the first respondent to invest the amount in M/s. Shriram Investments Limited, and accordingly, investment was made in the names of the persons indicated by the petitioners herein. It was urged that the necessity to plead the facts relating to the manner of investment, was not felt when the suit was filed, and on account of very denial by the petitioners herein, as to the receipt of amount, the necessity has arisen to summon the records from M/s. Shriram Investments Limited. It was urged that incorporation of the plea in relation to the manner, in which, the investment was made, at the instance of the petitioners herein, does not alter the nature of the suit, or cause of action therein.