JUDGEMENT
-
(1.)The present petition under Article 227 of the Constitution of India has been filed challenging the order dtd. 29/9/2022 whereby an application under Order 6 Rule 17 CPC for amendment of the written statement has been dismissed by the Trial Court.
(2.)The brief facts relevant to the present lis are that the plaintiff respondent herein filed a civil suit for recovery of Rs.2,51,370.00 alongwith interest @ 12% per annum from the date of filing of the suit till its realization. Para-1 of the plaint reads as under :
'7. That defendants borrowed a sum of Rs.1,71,000.00 (One Lac Seventy One Thousand) as friendly loan from plaintiff and to reduce his liability, defendants issued two cheques bearing No.739581 dtd. 10/1/2013 for Rs.1,20,000.00 and Cheque No.739605 dtd. 28/8/2014 for Rs.51,000.00 from his bank account maintained in Punjab and Sind Bank having A/c No. 4946 and 586 at Punjab and Sind Bank, Guru Nanak Nagar, Patiala and to fulfill his promise to return the amount defendants issued two cheques in favour of the plaintiff as security to return the amount borrowed from the plaintiff'
(3.)In reply to the said paragraph, the following response was given in the written statement, which reads as under :
'1. That para No.l of the suit is wrong and hence denied. It is wrong and hence denied that the defendant borrowed a sum of Rs.1,71,000.00 from the plain tiff and to reduce his liability defendant issued two cheques bearing No.739581 dtd. 10/1/2013 for Rs.1,20,000.00and Cheque No. 739605 dtd. 28/8/2014 for Rs.51,000.00. It is worth to mention here that the plaintiff has m isused the present cheques as previously he has some business transactions with the defendant so the cheques were lying with since long.'
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.