KOHINOOR HOSIERY MILLS Vs. NEW BANK OF INDIA

JUDGEMENT

(1.) IN the present revision petition, order of the trial Court partly declining the prayer of the petitioner to amend written statement is being impugned.

(2.) NEW Bank of India filed a suit for recovery of more than Rs. four lacs against the petitioner and respondent No. 2 to 5 who were defendants in the suit. The suit was filed on the ground that on asking of the defendants, petitioner opened a letter of credit limit for import of Acrylic fibre from Japan, with an undertaking to retire the documents on arrival and on execution of D. P. note to the extent of Rs. 2 lacs with an undertaking to repay the amount with interest at the rate of 15 per cent. Defendants No. 1 to 3 i e. Kohinoor Hosiery Mills and its partners, filed written statement in which they admitted having opened a letter of credit limit with the plaintiff bank, but denied their liability to pay the suit amount Plaintiffs led evidence in support of their case. When the case was fixed for evidence of the defendants, an application was filed, seeking permission of the Court to amend written statement. In the applications, which was allowed being formal in nature The other amendment sought was refused by the trial Court on the ground that if the same is allowed, it would permit the defendants to set up a new case and that would lead to re trial of the case. This order is being challenged in the present revision petition.

(3.) MR. M L Sarin, Sr. Advocate counsel for the petitioner, referred to the pleadings as well as to the averments made in the application seeking amendment of the written statement and contended that there was no delay in filing the application. With regard to amendment he stated that no prejudice is going to be caused to the plaintiff if the defendants are allowed to amend their written statement. During the course of his arguments, he placed reliance upon a judgment of Supreme Court in Jai Jai Ram Manohar Lal v. National Building Material Supply Gurgaon, A. I. R. 1969 S C. 1267. , judgment of Supreme Court in Suraj Prakash Bhasin v. Smt Raj Rani Bhasin, A. I. R. 1981 S. C. 1485 judgment of this Court in Smt. Harjit Grewal and Ors. v. Dr. Vinod Kumar Batra, (1991-2) 100 P. L. R. 326, and judgment of this court in Bank of India v. Jagat Singh HUF, (1991-2) 100 P. L. R. 515.