S.PALANIVELU
UCO Bank – Appellant
Versus
Nest Tours & Travels P. Ltd. , Rep. By its Director & Others – Respondent
1. The petitioner is plaintiff in O.S.No.714 of 2008 pending on the file of VII Additional City Civil Court, Chennai for a decree for Rs.7,23,330.63 together with interest at 14% per annum and for cost. The defendants resisted the suit by filing written statement and the suit came up for trial and the witnesses were examined.
2. The plaintiff filed petition under Order VI Rule 17 to incorporate an amendment into the plaint as regards date. In the affidavit he has stated that in 8th paragraph of the plaint it is stated that "another adjustment on Rs.3,36,000/- on 05-04-2007", however, it is a wrong pleading and instead of that the date may be amended as 05.04.2006. Likewise in paragraph 10 of the plaint also the same amendment is sought to be made. It is however stated that the mistakes are not willful nor wanton but due clerical error in the statement of accounts and by oversight and that the point of jurisdiction, limitation will not get altered by allowing the amendment application. In the written statement the defendant has clearly admitted that there was a payment of Rs.3,35,000/- payable by the Manager of the Chetput branch Mr.Subramanian for some ticketing that w
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