NAWAB MOHD. RAZACK ALI KHAN Vs. HYDERABAD BANK LTD

JUDGEMENT

(1.) THIS application in revision is directed against the order of the learned First judge, City Civil Court, Hyderabad, dated 22 -3 -1952 allowing the Plaintiff to amend the plaint in terms of his application of 7 -1 -1952 and add the Petitioner as party Defendant in the suit.

(2.) THE Plaintiff, the Hyderabad Bank in voluntary liquidation originally instituted the suit against Mrs. Hasan Banu, opponent 2 for recovery of a demand loan amounting to Rs. 1957 -4 -2. Mrs. Hasan Banu admitted the loan, it demurred as to the number of shares pledged to be pledged with the Plaintiff. She asserted that in addition to hundred old shares of Sirpur Paper Mills and two hundred new shares of the same Mill, she had pledged another three hundred old shares of Sirpur Paper Mills and in support of this allegation, she relied on a receipt apparently purporting to be given by the Plaintiff Bank. The Plaintiff categorically denied the truth of this statement in his rejoinder stating that the receipt filed by the Defendant did not relate to any transaction with the Plaintiff Bank, that it was neither on the printed form of the Plaintiff Bank nor did it bear the signature of any proper officer for or on behalf of the Bank. It was further submitted that a deliberate fraud was sought to be perpetrated on the Plaintiff by the Defendant (if one of that name existed and was a real person) and Nawab Mohd. Razak Ali Khan who was the Director and later the Managing Director of the Bank. In order to create evidence in the books of the Bank regarding deposit of three hundred old shares of Sirpur Paper Mills, the said Nawab taking advantage of his connection with and official position in the Bank managed to tamper with the register of the Bank in a clumsy manner which betrayed itself. For this reason, the Plaintiff suspected that Hasan Banu was not a real person and that Nawab Razak Ali Khan had for his own ends got an account opened with the Bank fictitiously in the name of the said Hasan Banu and he himself or someone had been fictitiously signing as Hasan Banu and the said Nawab had been attesting all such signatures, delivering shares, taking them back, receiving and making payments himself and perhaps having the benefit of all the said monies himself. Neither the father's name nor husband's name of Hasan Banu was furnished to the Bank; nor the address was given in the books as care of Nawab Mohd Razak Ali Khan.

(3.) THE learned First Judge on a careful consideration of the whole matter in the light of the materials on record before him overruled the contentions advanced by the opposite parties and holding that the proposed amendment and addition of the Nawab as party Defendant would not change the character of the suit, allowed the Plaintiff's application.