COMPANY LIMITED Vs. JITENDRA KUMAR KHAN

JUDGEMENT

(1.) This is an appeal from an order refusing leave to the appellant defendants to amend their written statement. The order is dated the 28th of July, 1998. The suit was filed by the plaintiffs alleging that the respondent Peerless and its high officers had acted, conspired and colluded with the defendant Nos. 8, 9 and 10, who were the agents of Peerless. By reason of such wrongful actions the plaintiffs had lost large sums of money. The principal claim in the plaint is for Rs. 25 lac.

(2.) The suit was filed in 1993. The written statement was first delivered in 1994. In 1998 the amendment application was taken out. The substance of the application is that a sum of Rs. 5 lac was lent and advanced by Peerless to the first plaintiff in or about the year 1977. It is further alleged that interest accrued thereon and part payments were made from time to time by the debtor right from July, 1978 until 1996.

(3.) On examination of the records we find that none of the acknowledgements is accompanied by any writing by or on behalf of the first plaintiff; no such existence of writing is pleaded by the appellants either. A separate suit in 1998 as such would apparently be barred and the principal loan of 1977 or any outstanding interest thereof would not be recoverable thereby.