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2001 Supreme(Ker) 677

K.A.MOHAMED SHAFI
Sreedevi Vijayan – Appellant
Versus
State Bank Of Travancore – Respondent


ORDER

K.A. Mohamed Shafi, J.

1. This C.R.P. is filed by the defendants in O.S.No.500/1998 on the file of the 1st Addl. Munsiff's Court, Ernakulam challenging the order in I. A.No.5099/2000 dated 18.7.2000. That application was filed by the plaintiff, respondent herein to amend the plaint under Order VI R.17 of the C.P.C. The lower court allowed the application as per the impugned order. Hence the above revision petition is preferred by the defendants - revision petitioners before this Court.

2. The above suit is filed by the respondent against the petitioners for realisation of Rs.56,032/- with interest alleging to be due from the defendants on a clean over draft facility to the tune of Rs.35,000/- granted on 24.3.1995. The petitioners filed written statement denying their liability for the claim.

3. At the stage of trial after examination of PW 1, the respondent filed the above I.A. seeking to delete para 4 of the plaint and to incorporate a fresh para 4 as set forth in the application. Though the petitioners objected to the amendment contending that the amendment will create a fresh cause of action in favour of the plaintiff and against the petitioners and it will take away the veste












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