STATE BANK OF INDIA Vs. G S PUNESAR
DEBTS RECOVERY APPELLATE TRIBUNAL
Click here to view full judgement.
(1.) THE first petition dated 9.8.2004 of applicant Bank is for amendment of plaint in the manner prescribed therein.
(2.) It is averred in the petition that due to oversight and inadvertence some material and relevant facts could not be drafted in the plaint. It is also their contention that though the amendment is large in number but it does not change the nature and character of the suit. Moreover reliefs sought for in the plaint remain unchanged. Applicant further contends that the amendment is for correct appraisal of the case and unless the same is allowed they will put to irreparable loss.
Defendants vehemently controverted on the ground that there is no provision in law for such amendment and, therefore, the amendment petition is not maintainable. It is also the stand of defendants that the proposed amendments are large in number accompanied with voluminous documents which will change the entire nature of the suit and that there is 'no ground' furnished in the petition for amendment. Defendants further contend that the amendment petition has been filed after filing of written statement and will cause prejudice to them. Besides, it is alleged that Bank has got their signature on blank forms and filing belatedly the same by filling up the blank forms fraudulently.
(3.) HEARD the parties and perused the rejoinder of defendants dated 7.9.2004 and the written argument of applicant dated 28.12.2004 including other relevant case papers.;
Copyright © Regent Computronics Pvt.Ltd.