FIRM GWALIOR DISTRIBUTING CO LASHKAR Vs. KANTA GUPTA

JUDGEMENT

(1.) THIS is a revision petition filed by the defendant against order dated 27-11978 passed by the Fourth A. D. J. Gwalior in Civil Suit No. 26-B of 1977 whereby amendment of the plaint, by deleting reference to Order 37, C. P. C. and addition of words in cause of action clause to the effect that the suit is also "based on original transaction of loan, has been permitted.

(2.) THE facts as alleged are as follows: The plaintiff-non-applicant has instituted a suit on 18-11-1977 for recovery of loan of Rs. 10,000/- and Rs. 1,000/- by way of interest. The suit is based on original transaction of giving and taking of the loan of 28th June, 1976. It is also alleged in the plaint that the Hundi was executed by the defendant in favour of the plaintiff in order to supply evidence of the aforesaid transaction of loan on 28th June, 1976. There is also an averment in the plaint that the suit is brought under Order 37 in summary procedure. On 12-1-1978 an amendment application was submitted by the plaintiff-non-applicant seeking leave to amend the plaint by deletion of reference to Order 37 and addition in cause of action clause of the words that the suit is also based on original transaction of loan.

(3.) THIS application was opposed by the defendant-applicant but has been allowed by the impugned order. Hence this revision.