IMPERIAL TUBES PRIVATE LIMITED Vs. RAMESH CO

JUDGEMENT

(1.) The defendant has applied for review of the judgement and decree dated January 16, 2020 passed in GA No. 2598 of 2019 CS No. 254 of 2019.

(2.) Learned Senior Advocate appearing for the defendant has submitted that, the judgement and decree dated January 16, 2020 has to be reviewed on the grounds as canvassed by the defendant. He has submitted that, the plaintiff served two copies of the paint of the suit on the defendant. According to him, the first copy of the print was annexed to the petition under Order 12 Rule 6 of the Code of Civil Procedure, 1908. The second copy of the plaint was handed over by the advocate of the plaintiff to the advocate of the defendant on January 16, 2020. He has referred to and relied upon the judgement and decree dated January 16, 2020 in support of the contention that, a copy of the print was served upon the defendant in Court on January 16, 2020.

(3.) Learned Senior Advocate appearing for the plaintiff has drawn the attention of the Court to paragraph 23 of the plaint as appearing in the petition for judgement on admission. He is submitted that, on the basis of the pleading as appearing therein, the learned Master had granted leave under Section 12 A of the Commercial Courts Act, 2015 on November 28, 2019. According to him, the learned Master had permitted amendment of the plaint on January 19, 2020 without a formal application being made in that regard. Paragraph 23 of the plaint had been allowed by the learned Master to be amended. A new sentence had been incorporated in paragraph 23 of the plaint. He has submitted that, the learned Master had allowed other amendments to be incorporated in the plaint which he had no power to do.