SOUMAJIT NAG Vs. NITIN BOSE

JUDGEMENT

(1.) THIS application is at the instance of the defendant and is directed against the Order No.18 dated July 13, 8th 2007 passed by the learned Civil Judge (Senior Division), Court, Alipore in Money Suit No.29 of 2004 thereby rejecting an application for amendment of the written statement.

(2.) THE plaintiff / opposite party herein instituted a Money Suit being No.29 of 2004 against the defendant for recovery of a sum of Rs.6,80,000/- contending, inter alia, that the defendant approached the plaintiff in September 2001 for an accommodation loan and accordingly, the plaintiff game him Rs.4 lakh to help him to tide over his financial crises in connection with his different business along with terms of interest. THE defendant did not repay the entire amount and so, the suit was filed for recovery of money.

(3.) I have considered the decision of Mahendra Kumar & anr. State of Madhya Pradesh & ors. reported in AIR 1987 SC 1395 filed by the petitioner to the effect that counter-claim may be filed within three years from the date of cause of action. Having considered the submission of the learned Advocates of both the sides and on perusal of the materials on record and the above decision, I am of the view that the learned Trial Judge has rightly rejected the application for amendment of the written statement or more to say the counter-claim.