Siri Chand Padam Chand vs Rohit Singla

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1921

GURBIR SINGH
Siri Chand Padam Chand – Appellant
Versus
Rohit Singla – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr.Rajan Bansal
For the Respondent: Mr.Kashish Garg

Table of Content
1. challenge to trial court's order on amendment. (Para 1 , 2 , 3 , 4)
2. parties' arguments on the amendment of replication. (Para 6 , 7 , 8)
3. court's analysis on allowing amendments. (Para 9 , 10 , 11 , 12)
4. conclusion and direction for future proceedings. (Para 13 , 14 , 15)

JUDGMENT :

Gurbir Singh, J.

Challenge in this revision petition filed under Article 227 of the Constitution of India is to order dated 10.02.2020 (Annexure P7), passed by learned Civil Judge (Senior Division), Bathinda (hereinafter referred to as - the Trial Court), whereby application under Order 6 Rule 17 CPC, moved by the plaintiff-respondent, for amendment of replication, has been allowed.

2. Petitioners are the defendants before the Trial Court.

3. Learned counsel for the petitioners submits that the plaintiff-respondent filed a suit for recovery of Rs.12,17,000/- (Rs.9,00,000/- being the principal amount and Rs.3,17,000/- being interest amount @ 12% per annum from the date of advancement of loan till the date of filing of suit).

4. The petitioners, being defendants, contested the suit by filing written statement and denied the advancement of loan. It was further submitted that the plaintiff-

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