- (1.) Present petition is challenge to the order dated 17.11.2015, passed by learned Additional Civil Judge (Senior Division), Nakodar whereby application filed by the present petitioner for amendment of written statement was dismissed.
(2.) Learned counsel for the petitioner mainly submitted that plaintiff has filed main suit for recovery under Order 34 CPC. Present petitioner (defendant) had filed written statement and by way of proposed amendment, petitioner wants to take the following additional pleas: "8. That the defendant has taken a loan from the plaintiff bank but it was repaid totally as the defendant has a plan to move to another bank namely Capital Local Area Bank, Branch Malsia, District Jalandhar for the said purpose bu tit was not materialized. Despite execution of documentation in favour of Oriental Bank of Commerce, Branch Nakodar, District Jalandhar. So, the defendant obtained the loan from the plaintiff bank on 31.08.2007. But the defendant did not execute any balance conformation on 05.08.2010 as it was got signed on the same day of loan. Since the plaintiff bank did not file the suit for recovery within limitation period so the present suit is liable to be dismissed due to being filed after expiry of limitation. Moreover, the rate of interest is payable less, in comprise to alleged I the plaint, if the plaintiff bank is held entitled to the amount by this Hon'ble Court."
(3.) Similarly, the para No.2 of the written statement on merits would read as under after the amendment. "2. That the contents of the para are not fully correct as defendant has obtained loan but repaid the same but as detailed reply has been give 8 of the Preliminary objections. So, he did obtain loan in the year 2007 but he did not execute any letter of confirmation in 2010.";