SHIV SHAKTI FRUIT BHANDAR Vs. DHANNALAL

JUDGEMENT

(1.) THE petitioner has filed a suit for recovery of a sum of Rs. 62,500/ - against the non -applicant defendant. The suit is based on a promissory note alleged to have been executed by the defendant -non -applicant in favour of the plaintiff and an alleged receipt of consideration. After the suit was filed, in the written statement the defendant raised certain pleas showing the circumstances under which the promissory note was executed. Now in view of the averments made in the written statement the plaintiff also wanted to make some amendment about the facts and circumstances leading to the execution of the promissory note for which he sought an amendment stating the facts leading to the execution of the promissory note. The learned lower Court rejected the application of the plaintiff on the ground that as in the original plaint the plaintiff has not averred that the defendant has obtained the money as a Munim of the shop on behalf of the shop, therefore, by insertion of the amendment a new case would be made out and this would lead to the examination of the Bahi Khatas, their entries etc. whereas the suit is actually based on the consideration having been passed in lieu of the execution of the promissory note.

(2.) AFTER perusing the record and hearing the learned counsel I find that although the plaintiff has not averred in the pleadings initially the circumstances which led to the execution of the promissory note and the execution of the receipt but in the written statement the defendant has raised those pleas and to elaborate the circumstances the plaintiff seeks the amendment. By incorporation of the amendment actually no new case is made out but it is an elucidation of the facts already on the record in the written statement of the defendant. Therefore, I do not agree with the learned lower Court that as a result of the incorporation of the amendment any new case is made out. The revision petition, therefore, deserves to be allowed. The revision petition is accordingly allowed.