VALLABH ELECTRONICS Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed challenging the order dated 7.2.2019 passed by 16th Civil Judge Class I, Gwalior in Civil Suit No.44-A/2016 by which the application filed by the petitioner under Order 6 Rule 17 of CPC for amendment in the plaint has been rejected on the ground that the application has been filed belatedly and the proposed amendment would change the nature of the suit.

(2.) The necessary facts for the disposal of the present petition in short are that a suit for declaration that the disputed debit entry made by the defendants in the account of the petitioner is bad and the said entry is liable to be deleted as well as the petitioner is entitled for adjustment of the amount which was illegally debited by the respondents.

(3.) It is submitted by the counsel for the petitioner that on 3.4.2014, the petitioner received a message on his mobile that an amount of Rs.2,52,000/- has been withdrawn from the account of the petitioner and on enquiry the petitioner found that a debit entry was made in the account and the amount was credited to the account of one Sameer. It was alleged that the said amount was withdrawn on the basis of forged cheque and thus the respondents and its employees were negligent in performing their duties and there is deficiency in service.