- (1.) This instant revisional application is filed challenging the order dated 16.05.2015 passed in Money Suit No. 561 of 1992 wherein the defendant/petitioner's application under Order VI Rule 17 has been rejected.
(2.) According to the petitioner/defendant the present plaintiff/opposite party had filed an application before the learned Tribunal Judge, West Bengal under provision of Industrial Dispute Act. On 07.08.2008 the said industrial tribunal published an award in favour of the plaintiff/opposite party. Against the said order of Judge, Industrial Tribunal he has preferred a writ application before this Court bearing No. W.P. 1445 (W) of 2009 and the Hon'ble Court has been pleased to direct the employer to pay Rs. 4,00,000/- to the plaintiff/opposite party towards full and final settlement of the claim. On 26.06.1992 the present opposite party received Rs.30,000/- from the petitioner as a loan promising to pay the said amount without interest by instalments and granted receipt in his favour. But, thereafter, the plaintiff absented himself from reporting his duty for about 374 days. A criminal case was initiated against him and on 27.04.1992 learned C.M.M. Calcutta has discharged the defacto complainant. Accordingly, the proceeding was dropped. The plaintiff never suffered any kind of pain either mentally or physically for the said case filed by the present petitioner/defendant. Ultimately, the plaintiff/opposite party left the service. Disclosing this episode the plaintiff/opposite party has filed a malicious prosecution against the defendant/petitioner. The present petitioner/defendant has filed an application under Order VI Rule 17 on the ground that he wanted to incorporate subsequent certain facts in the written statement by way of amendment but that has been disallowed by the learned Court below.
(3.) At the time of hearing, learned Counsel appearing on behalf of the defendant/petitioner has submitted that those amendments are required and he should be given an opportunity to lead evidence.;