NEETA NARANG Vs. BEENA VALICHA

JUDGEMENT

(1.) By way of present writ petition under Article 227 of the Constitution of India, the petitioner/defendant calls in question the legality of the order dated 18.1.2010; whereby, the First Additional District Judge, Jabalpur, rejected the application under Order 6 Rule 17 of the Code of Civil Procedure 1908 (hereinafter to be referred as CPC), for amendment in the written statement. As also an application under Order 8 Rule 1-A(3) of CPC was dismissed.

(2.) The Civil Suit in question is at the instance of respondent/plaintiff for recovery of an amount of Rs.68,000/- said to be the remainder of part payment from Rs. 1,00,000/- said to be borrowed by the husband (since deceased) of the petitioner/defendant during his lifetime.

(3.) The case of the respondent/plaintiff is that the late husband of petitioner/defendant borrowed a sum of Rs. 1,00,000/- which was paid to him by Cheque No.268253 dated 4.3.2003. In lieu of security thereof, he had issued post dated cheques in favour of the respondent/plaintiff bearing No.688631 dated 2.7.2003. The said cheque when was put for encashment was returned on 5.11.2003 with an endorsement "deceased account", as the husband of the petitioner/defendant had expired on 5/5/2003. The respondent/plaintiff claiming that the petitioner/defendant having succeeded to the business of her husband for which the said amount was tendered called upon her to settle the claim, whereupon the amount of Rs.50,000/- on 14.3.2004 was paid vide drafts bearing No.547900 and 547901. It is for the remainder amount along with interest that the respondent/plaintiff brought the said suit.