This petition under section 115 of the Code of Civil Procedure is directed against the order dated 21.3.1995 passed by the Assistant District Judge No. 1, Guwahati in Money Suit No.49 of 1985 allowing a petition filed by the plaintiff under Order 6, Rule 17 read with section 151 of the Code. Being aggrieved, the defendant has preferred this revision petition on the ground that the said petition was not maintainable in law.

2. It would appear that the money suit was instituted by the Purbanchal Bank Ltd for recovery of a sum of Rs.4,04,910.61. During the pendency of the suit, the Central Govt. in exercise of powers conferred on it by sub-section (2) of section 45 of the Banking Regulation Act, 1949, imposed moratorium on the plaintiff Bank and eventually the said Bank was amalgamated with the Central Bank of India with effect from 29.8.1990 with consequent devolution of all assets and liabilities of the Purbanchal Bank Ltd to the Central Bank of India. Thereafter on 9.3.1992, the plaintiff namely, the Purbanchal Bank Ltd filed a petition for amendment of the plaint for substitution of the Central Bank of India as plaintiff. The learned Assistant District Judge, after hearing both the

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