VINAY PASRICHA Vs. BASHIR AHMAD KHAN

JUDGEMENT

(1.) IN this petition, order dated 12th July 2008 passed by IInd Additional District Judge Srinagar is called in question. A copy of the plaint for examination of the court is produced by the learned counsel for the petitioners which after perusal has been returned to the learned counsel. Respondent no. 1 instituted a suit for issuance of decree for an amount of Rs. 1,82,080/ - (one lac eighty two thousand and eighty) against the defendants/ petitioner no. 1 and 2 and proforma respondent no. 2 in this revision petition. He also sought issuance of decree for interest from the date of decree till its actual realization at the rate of 18 % per annum. After instituting the suit, it appears that wisdom dawned upon the respondent no. 1 and he filed an application seeking permission from the court to amend the cause title of the suit so as to include the company, Chairman and its Chief Executive Officer in the array of defendants. In the application, copy whereof has been placed on the record of this petition, it is pleaded that the above stated parties could not be included in the array of defendants inadvertently by the counsel for the plaintiff. It has been further pleaded that, in case, the application is not allowed, the plaintiff will suffer irreparable injury. It is further pleaded in the application that by allowing the application, none of the rights of the petitioners will be affected nor they will be prejudiced in any manner whatsoever. Petitioners filed their objection to the said application stating therein that the application is misconceived and such type of amendment cannot be ordered by having recourse to Order 6 Rule 17 Code of Civil Procedure. It was further pleaded in the objection that addition or deletion of parties in suits can be done only by invoking the provisions of Order 1 Rule 10 Code of Civil Procedure. The petitioner accordingly prayed for dismissal of application.

(2.) THE trial court vide impugned order, however, allowed the application and directed for addition of parties mentioned in the application of the plaintiff as defendant 4 to 6 subject to payment of cost of Rs. 400/ - (four hundred).

(3.) HEARD learned counsel for the parties. Considered the matter.