SHYLAJA KUMARI PREMLAL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) AGGRIEVED against the Order passed by the DRT-I, Chennai, in allowing the petition for amendment of the plaint, the appeal is directed.

(2.) The applicant Bank filed a petition IA-1729/2000 in TA-75/98 for amendment of the plaint stating that the 5th defendant has created equitable mortgage of the property situated at Trivandrum Corporation in favour of the Bank by deposit of title deeds at Trivandrum Branch on 24.2.1992 but while filing suit by the Bank that property was not included in the Suit since the Sub-Court, Trivellore, did not have territorial jurisdiction under Section 16(C) of the CPC for passing mortgage decree as against the said property and as the suit has been transferred to this Tribunal and the Tribunal having excessive territorial jurisdiction for that property also, this amendment petition is now filed to include that property in the Original Application (OA) as set out in the amendment petition.

(3.) LEARNED Counsel appearing for the appellant defendant contends that the suit in the Sub-Court, Trivellore, was filed in the year 1993 and the amendment petition has been filed before the DRT in the year 1999 and the petition having been filed after six years it is barred by limitation. He further contends that the DRT is not empowered to amend the plaint since the provisions of the Recovery of Debts Due to Banks and Financial Institutions (RDDB&FI) Act, 1993 (the Act) did not confer any power on the PO, DRT for amendment of the plaint.