GOBINDA PRASAD AGRARWALA Vs. PURBANCHAL BANK LTD

JUDGEMENT

(1.) This petition under Section 115 of the Code of Civil Procedure is directed against the order dated 21.3.95 passed by the Assistant District Judge (No. 1), Guwahati in Money Suit No.49/ 85 allowing apetition filed by the plaintiff under Order 6 Rule 17 read with Section 151 of the Code. Being aggrieved, the defendant has preferred this revision petition on the ground that the said petition was not maintainable in law.

(2.) It would appear that the money suit was instituted by the Purbanchal Bank Limited for recovery of a sum of Rs.4,04,910.61 paise. During the pendency of the suit, the Central Government in exercise of powers conferred on it by sub-section (2) of Section 45 of the Banking Regulation Act, 1949, imposed moratorium on the plaintiff Bank and eventually the said Bank was amalgamated with the Central Bank of India with effect from 29.8,90 with consequent devolution of all assets and liabilities of the Purbanchal Bank Ltd. to the Central Bank of India. Thereafter on 9.3.92, the plaintiff namely, the Purbanchal Bank Ltd filed a petition for amendment of the plaint for substitution of the Central Bank of India as plaintiff. The learned Assistant District Judge, after hearing both the parties, allowed the petition for substitution holding, inter alia, that such amendment does not mean change of the nature and character of the suit or the subject matter involved therein. Aggrieved thereby, the defendant No. 1 has prefenred this revision petition.

(3.) Shri G.N. Sahewalla, learned counsel for the petitioner has assailed the order on the ground that the learned court below committed error of law invoking provisions of Order 6 Rule 17 of the Code which was not applicable in the instant case. According to him the Purbanchal Bank Ltd lost its identity due to amalgamation and for non-substitution of the transferee bank i.e. Central Bank of India within the statutory period of 90 days, the suit stood abated. Therefore, the situation cannot be salvaged by way of substitution invoking the provisions of Order 6, Rule 17 of the Code.