AMRIK SINGH ZORA SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) Plaintiff has invoked the jurisdiction of this Court under Article 227 of the Constitution of India to impugn order dated 25.05.2010 (Annexure P-3) passed by learned Civil Judge (Junior Division), Khanna, thereby dismissing application Annexure P-1 moved by the Petitioner-Plaintiff for amendment of plaint.

(2.) The Petitioner has filed suit under Order 37 of the Code of Civil Procedure against Respondent-Defendant Baldev Singh for recovery of Rs. 74,132/ - i.e. Rs. 41,795/ - as principal amount and Rs. 32,337/ - as interest thereon for pre-suit period. The Plaintiff's case is that the Defendant, who is a farmer, had been borrowing amounts from the Plaintiff (commission agent) and ultimately, the suit amount remained due. In the amendment application, the Plaintiff alleged that while filing the suit, entry of loan amount of Rs. 70,000/ - taken by the Defendant from the Plaintiff on 11.12.2002 was inadvertently omitted and therefore, the said loan amount along with interest is sought to be included in the plaint so as to make the suit as suit for recovery of Rs. 1,70,720/ - instead of Rs. 74,132/ -. The said amendment application has been dismissed by the trial court.

(3.) I have heard learned Counsel for the Petitioner and perused the case file.