RAM SARAN Vs. GURDEV SINGH

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India for quashing the order dated 18.10.2005 passed by Civil Judge (Junior Division) Faridabad vide which application under Order 6, Rule 17 of the Code of Civil Procedure (in short - C.P.C.) stands dismissed.

(2.) It is alleged by the plaintiff/appellant that he has filed the present suit for recovery on the basis of the cheques issued by the plaintiff and encashed by the defendant total amounting Rs. 1,38,000/- through five cheques issued between 21.9.1994 to 15.5.1995 as mentioned in para No. 4 of the plaint. After encashment of the cheques, defendant executed cash receipts on stamp papers Exhibit P-4 in the presence of the witnesses on 17.7.1995. The plaintiff is a very simple fellow and does not understand the law and totally dependent on the advise of the counsel. His counsel could not plead in the plaint regarding execution of cash receipt dated 17.7.1995 Ex.P-4 which is on the court file, although witnesses of receipt have also appeared on his behalf. It is very necessary and essential regarding incorporation of receipt in para No. 5 of the plaint after end of para No. 5 the following line may be inserted:

(3.) It is further averred that the proposed amendment is essential and necessary for the determining of the real issues and it would not change the nature of the suit and prayed that the proposed amendment may be allowed.