NIRANJAN KUMAR Vs. NEW BANK OF INDIA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 25.7.1992 passed by the District Judge, Ratlam whereby the District Judge has allowed the amendment sought by the Bank for including an amount of Rs. 939.14 P. which the Bank sought to be' included in the suit on the basis of an audit report. According to Shri Gwaliory the amendment could not be allowed as the claim prima facie is barred. Therefore, the Court has erred in allowing the amount of claim to be enhanced by way of an amendment.

(2.) SHRI Joshi on the other hand states that the applicant has till how not filed even the written statement although the suit has been filed three years back. Therefore, if the applicant may have a grievance that any amount claimed by the Bank is barred by limitation he could always raise such a plea in the written statement and the Court can always disallow that amount of claim which is barred by limitation.