MISRA BANOO Vs. J&K BANK LTD

JUDGEMENT

(1.) THIS motion of revision, which is directed against the order of learned Additional District Judge (Bank Cases) Srinagar, dated: 06 -12 -2000, recorded in Civil Original Suit titled as Jammu and Kashmir Bank Vs. M/s Zahid/Apsara Guest House, through its sole Prop. Mst. Misra Banoo and anr, pending decision before him, stems out of those circumstances which are summarised as: -

(2.) ON 01 -07 -1991 the respondent -plaintiff Bank came to institute suit for recovery of Rs. 6,90,983/ - against M/s Zahid/Apsara Guest House, through its sole proprietor Mst. Misr, Banoo and another before this Court. This Court, by virtue of its order dated: 12 -07 -1995 came to transfer the suit file to the Court of learned District Judge (Bank Cases) Srinagar, as it then was. On 30 -09 -2000, after the written statement by the defendants were filed and issues were framed, the respondent -plaintiff Bank came to seek indulgence of the Court though the medium of an application for leave to amend the cause title of the plaint by showing that name of defendant No. 1 as Mst. Misra Banoo "(Borrower) wife of Kh. Ghulam Nabi Kawa, resident of 72 -Bishamber Nagar, Khayam Road, Srinagar (Sole Prop, of M/s Zahid/Apsara Guest House, Bishamber Nagar, Khayam Road, Srinagar) by stating therein that the proposed amendment shall not substitute the existing defendant by new defendant as it is none else than the said Mst. Misra Banoo who was intended to be defendant through the present description and that the proposed amendment shall not change the nature of the suit and shall also not cause injustice to the opposite party The defendants resisted the petition by filing their objections and the trial court after hearing the parties came to allow the amendment of the plaint, as prayed for, by virtue of its order, which is impugned in this petition.

(3.) THE stand of Mr. Z.A. Qureshi, learned counsel, appearing on behalf of the petitioner, is that the proposed amendment amounts to substitution of a new defendant in the plaint in place of the present defendant No. 1, who is a non -entity, when the claim of the respondent -plaintiff Bank has become time barred against the petitioner Mst. Misra Banoo, who is sought to be substituted as defendant No. 1. That the proposed amendment shall cause great injustice to the petitioner.