- (1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 3.5.2010, Annexure P4, passed by learned Civil Judge, Junior Division, Jalandhar, vide which application filed by petitioner-plaintiff under Order VI Rule 17 of the Code of Civil Procedure (hereinafter to be referred as 'Code') for amendment of plaint was dismissed.
(2.) I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court.
(3.) Brief facts relevant for the decision of present revision petition are that a suit for recovery of Rs.50,01,883/- alongwith interest @ 18% per annum was filed by the present petitioner-plaintiff against respondentdefendants on the plea that defendants-firm had business dealing with plaintiff-firm and plaintiff-firm used to maintain a running account for the last about five years. Defendants-firm used to purchase sugar from plaintiff-firm and had been placing orders to plaintiff-firm over telephone for supply of sugar and plaintiff-firm used to supply sugar to defendantsfirm. In turn, the plaintiff-firm placed orders with the Principal agent and also direct with the sugar mills for the supply of sugar to the defendants firm for which the plaintiff- firm used to make payment to the agents and also direct to the sugar mills by issuing their cheques. The defendants -firm used to make payment of the price of sugar to the plaintiff-firm on its receipt from the mills through cheques. The plaintiff-firm used to maintain two accounts, i.e., one for the supply of sugar to the defendants and other account known as cheque account in the ledger of the firm and entries used to be made in the accounts of the defendants-firm separately for sale of sugar on credit and the entries regarding the cheques issued direct to the agents and to various sugar mills by the plaintiff-firm in the ordinary course of business. During the period from 10.4.2004 to 25.3.2005, defendantsfirm purchased sugar worth Rs.3,86,42,500/- from the plaintiff-firm on credit and however, defendants-firm made payments of Rs.3,43,01,715/- through various cheques on different dates leaving a balance of Rs.43,46,785/-. Photocopies of the bills were also attached with the plaint. Details of cheques vide which payments were made by plaintiff-firm to different sugar mills have also been given in the plaint. Defendants-firm made payment to the plaintiff-firm due of the amount paid by it to principal agent and to sugar mills leaving a balance of Rs.6,55,098/-. There was some mistake in the cheque account of defendants-firm and the same was credited later on. Hence, a sum of Rs.50,01,883/- as on 25.3.2005 is due from the defendants. On refusal of defendants to make the said payment, legal notice was issued to defendants, which was replied by them. A sum of Rs.1.00 was paid by defendants on 25.3.2005 thereby acknowledging the debt. On refusal of defendants to make the payment of the outstanding amount, the present suit has been filed for recovery of Rs.50,01,883/- alongwith interest @ 18% per annum.;