SWARAN SINGH & COMPANY Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This revision is directed against order dated September 1, 1990 passed by Senior Sub judge, Jalandhar, dismissing application filed by the defendant under Order 6'rule 17 of the Code of Civil Procedure to amend the counter claim.

(2.) Punjab National Bank filed a suit for recovery of little more than Rs. 27,00,000/- against M/s. Swaran Singh & Co. and others on the-basis of the loan advanced. It was in the written statement that the defendant, in October 1986, claimed damages on account of breach of the contract. It was stated therein that the damages were to the tune of Rs. 15,55,000/-. However, the claim was restricted to Rs. 8,00,000/- and the court-fee was paid thereon. Breach of contract on the part of the plaintiff-Bank was stated to have been committed in 1984. It was subsequently at the evidence stage that the present application under Order 6 Rule 17 of the Civil Procedure Code was filed by the defendant that he be allowed to claim Rs. 15,00,000/- as damages in the counter-claim and allowed to pay court-fee thereon. This application was opposed and finally dismissed by the impugned order.

(3.) Shri Hemant Kumar, Advocate for the petitioner, has argued that virtually his prayer was for extension of time for payment of deficient court-fee on the counter-claim and the court should have exercised jurisdiction under section 149 of the Civil Procedure Code.