G.S. SISTANI, J.

IA.22205/2015 (IA. /2016) (under Order VI Rule 17 CPC by the plaintiff)

1. This is an application under Order VI Rule 17 of the Code of Civil Procedure filed by the plaintiff seeking amendment to the plaint. Registry is directed to register this application in the year 2016 as the suit has been registered as a Commercial Suit in 2016.

2. By this application under Order VI Rule 17 of the Code of Civil Procedure (in short ‘CPC’), the plaintiff wishes to amend paragraph 3 of the plaint by inserting the sentence: “Thusopen mutual current account between the parties to the suit came into existence.” Learned counsel for the plaintiff/applicant submits that the necessity of filing this application has arisen on account of the fact that the defendant has made an application under Order VII Rule 11 CPC on 27.06.2015, wherein the defendant has raised a technical objection that there are no pleadings to the fact that the parties maintained an open mutual current account and consequently, the suit is barred by limitation. Counsel further submits that the defendant