RAJENDRA KUMAR ANCHAL KUMAR Vs. BANK OF INDIA

JUDGEMENT

(1.) THE defendant petitioners filed an application under Order 9 Rule 13 of CPC to set aside the judgment and decree passed against them. They raised certain grounds for their non appearance in the suit. That application was contested by the plaintiff respondent. During the pendency of the said application, an application under section 151, CPC Document No. F was filed praying that additional grounds as mentioned therein be permitted to be incorporated in the application under Order 9 Rule 13 CPC.

(2.) BY the impugned order, the learned trial Court has rejected the said prayer.

(3.) THE defendant petitioners are praying for setting aside the judgment and decree and by the application Document No. F they had sought permission to raise an additional ground. At the stage of consideration of the said application merits of the said averments ought not to have been considered. The said application was in fact in the nature of amendment to the original application under Order 9 Rule 13 CPC. The defendant petitioner could be permitted to raise additional ground as was prayed by him by his application Document No. F.