Civil revision admitted by the High Court against the rejection of a plaintiff's application to amend his plaint to correct the cheque date. The Court held the amendment did not affect the cause of action or limitation and allowed the plea.
The impugned order rejecting the amendment application is set aside; the amendment application is allowed.
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HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR
CIVIL REVISION PETITION No.2032 OF 2012
Dt:- 13.09.2012
Between:-
M.Venkateswara Rao Murali Krishna
and
… Petitioner
… Respondent
This Court made the following:-
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR
CIVIL REVISION PETITION No.2032 OF 2012
ORDER: -
This is plaintiff’s revision aggrieved by the rejection of his application seeking amendment of plaint. In the suit O.S.No.906 of 2006, which was originally filed on 04.11.2004, the plaintiff has mentioned the date of cheque as 05.11.2001 at various places in the body of the plaint. Petitioner states that he has come to know that the said date ought to be 08.11.2001. Accordingly, he sought amendment of plaint to that extent. The said application I.A.No.1888 of 2007 was, however, rejected on the ground that prayer of the petitioner does not specify where the amendment is required to be carried out. The said I.A. was, therefore, dismissed and the order of the trial court was confirmed in C.R.P.No.2695 of 2009 by this Court under order, dated 26.04.2011. However, the said order granted liberty to the petitioner to make fresh application duly satisfying where the amendment is proposed to be carried out. Accordingly, petitioner has filed the present application I.A.No.2748 of 2009. Under the impugned order the Court below has rejected the same on the ground that the amendment is likely
to affect the cause of action of the suit as well as the limitation. That order is questioned in this revision.
After hearing both the learned counsel on either side, I am unable to see as to how the said proposed amendment will affect either cause of action or the limitation. It is not in dispute that the suit originally filed showing the averments with respect to the aforesaid cheque as 05.11.2001 was within limitation and if the said date is now sought to be amended to 08.11.2001, obviously, limitation cannot be said to be affected. Similarly, the cause of action also does not change. In that view, therefore, the amendment sought for ought to have been allowed by the court below. The impugned order is, accordingly, set aside. I.A.No.2748 of 2009 shall stand ordered as prayed for. Respondent/defendant is at liberty to file additional written statement, if any, if he so chooses.
The Civil Revision Petition is, accordingly, allowed. The miscellaneous applications, if any, stand dismissed. There shall be no order as to costs.
____________________________ VILAS V. AFZULPURKAR, J
13.09.2012 lmv
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR
CIVIL REVISION PETITION No.2032 OF 2012
13.09.2012
lmv
2 issues framed by the court
Whether proposed amendment of plaint regarding the date of cheque affects the cause of action or limitation period.
Whether the impugned order rejecting the amendment application for these reasons should be set aside.
1 provisions across 1 enactments
M.Venkateswara Rao Murali Krishna
The Respondent/Defendant
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
