BANK OF INDIA Vs. UNIVERSAL ELECTRIC STORE

JUDGEMENT

(1.) THE petitioner-Bank of India (hereinafter referred to as "the bank") filed a suit on October 15, 1986, against the defendant-respondents for the recovery of Rs. 2,60,645. 15. The suit was filed by the bank through Shri Chander Kant Amrit Lal Asher as the principal officer and duly constituted attorney of the plaintiff-bank having the authority to sign and verify the plaint.

(2.) THE defendant-respondents, in their written statement filed in May, 1987, took a preliminary objection that Chander Kant Amrit Lal Asher was not a duly constituted principal officer of the bank and had no proper authority to sign and verify the plaint.

(3.) AFTER a delay of two years, the bank has filed an application under Order 6, Rule 17 of the Code of Civil Procedure (hereinafter referred to as "the Code") wherein it has sought the following amendment in the plaint :