VINOD KUMAR Vs. ORIENTAL BANK OF COMMERCE AND ORS.
LAWS(P&H)-1990-9-120
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 11,1990

VINOD KUMAR Appellant
VERSUS
Oriental Bank Of Commerce And Ors. Respondents

JUDGEMENT

Amrit Lal Bahri, J. - (1.) Vide this order 15 Civil Revisions are being disposed of as the point involved therein is common. These are Civil Revisions No. 1987 of 1988 and No. 2146 to 2159 of 1988. Facts are taken from the file of Civil Revision No. 1987 of 1988.
(2.) Oriental Bank of Commerce (hereinafter called the Bank) filed a suit of recovery of Rs. 15,863.18 P against Defendant No. 1 to whom a loan was advanced and Defendants No. 2 and 3 stood guarantors. Out of the aforesaid amount, Rs. 10,000/ - was the principal. Subsequently an application under Order 6 Rule 17 of the Code of Civil Procedure was filed by the Plaintiff -bank in order to implead two persons are Defendants No. 4 and 6 i.e. partners of M/s Dosanjh Fertiliser Company. As per the allegations made in the application, on the request of Defendant No 1 to whom the loan was advanced initially, the aforesaid amount of Rs. 10,000/ - was paid to M/s Dosanjh Fertiliser Company for supplying fertilisers to Defendant No. 1 and in case the fertilisers was not supplied, the Plaintiff could recover the amount from those Defendants. This application was contested. The Sub Judge 1st Class, Phillaur, vide order dated June 7, 1988 allowing the application for amendment of the plaint subject to payment of Rs. 50/ - as costs. Hence the Defendant has come up in revision petition challenging the aforesaid order.
(3.) In the other cases applications for amendment of the plaints were declined and the Plaintiff Oriental bank has challenged such orders in the other revision petitions, other facts are being similar except difference in the amounts claimed and the parties.;


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