MELMO AGENCIES Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This order will dispose of C.R. Nos. 2080 and, 2081 of 1993. These revisions are directed against the orders of Senior Sub Judge, Faridabad dated 29.3.1993, whereby applications moved by the plaintiff under Order 6 Rule 17 Code of Civil Procedure were dismissed.

(2.) Plaintiff-petitioner filed a suit for declaration with consequential relief and permanent injunction. The basic prayer in the suit was to recover compensation to the tune of Rs. 1,50,000/- along with interest from the date of filing the suit till realisation on the ground that the defendant, the New India Assurance Co. Ltd. Faridabad wrongly rejected the claim of the plaintiff under the Insurance Policy. The suit was filed in June, 1987 and the application seeking amendment of the plaint was moved in the year 1993. By way of amendment of the plaint, the plaintiff wanted to convert the suit into a suit for the recovery of Rs. 1,50,000/- and was ready to pay the ad valorem court fee on this amount. This application was opposed by the defendant by filing a reply. The trial Court on a consideration of the matter rejected the application by observing that there was no explanation for not moving such application for six long years and the application has been moved only at a stage when the suit is ripened for arguments. The trial Court as already noticed above, dismissed the applications. Hence these revisions.

(3.) Learned counsel for the petitioner submitted that the trial Court acted illegally and with material irregularity in dismissing the application for amendment of the plaint. The trial Court dismissed the application only on the ground of delay and keeping in view the fact that the claim for money would be barred by time. In fact this is not so. In case the application is allowed, it will relate back to the date of filing the suit and question of limitation would not arise.