JUDGMENT - S.K. Desai, Ag. C.J.:---This appeal is preferred against the decision given by the Single Judge on plaintiffs' Chamber Summons No. 571 of 1982 taken out by them in Suit No. 1975 for amendment of the plaint. By a brief order the learned Single Judge came to observe that since the amendment sought for the Chamber Summons sought to introduce a cause of action or cause of action different from the ones to be found different in the plaint, amendment ought not to be allowed. Accordingly, the Chamber Summons was directed to stand dismissed but with no order as to cost. In order to appreciate the controversy between the parties a few facts may be briefly stated.

2. In 1975 the appellants who are a nationalised Bank and who will hereinafter be referred to as the "Plaintiffs" filed a suit against the four Respondents who will hereinafter be referred to as "the Defendants" on promissory notes executed on 31st January, 1973 by the defendants .The suit was one under Order XXXVII of the Code of Civil Procedure and in the plaint an amount of Rs. 13,85,237.37 was claimed with further interest on a slightly lesser amount at 10 per cent per annum. In the body of the plaint it is set out

Click Here to Read the rest of this document