JAYANT NATH, J.

IA No. 11683/2017

1. This application is filed under Order 14 Rule 5 of CPC by defendant nos. 1 and 2 for amendment of issues framed on 18.09.2017. As per the application, the applicant seeks modification of issue nos. 4, 5, 6 & 7 and seeks 2 additional issues.

2. The plaintiff has filed the present suit seeking recovery of Rs. 10,17,42,312/-. The case of the plaintiff is that defendant no.1 who was working at the post of accountant with the plaintiff had opened an account with defendant no.4 bank without complying with the KYC norms. He had deposited 41 cheques dishonestly into the said account. On the analysis of the bank statements, it transpired that defendant no.1 has been operating this account and has been benefiting himself by utilising and misappropriating the account of the plaintiff.

3. Based on the above allegations, this Court framed the following issues on 18.09.2017 :-

1. Whether the suit is bad for non-joinder of parties as alleged? OPD

2. Whether the plaint do not disclose any cause of action, as alleged? OPD

3. Whether there is no privity of contract between the parties as alleged? OPD

4. Whether the plaint is not filed by a duly authorised perso