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1999 Supreme(All) 1497

D.K.SETH
OM RICE MILL, JASPUR – Appellant
Versus
BANARAS STATE BANK LTD. , KASHIPUR – Respondent


Advocates Appeared:
V.P.Varshney

D. K. SETH, J.

( 1 ) THE opposite party had filed C. S. No. 88 of 1992 against the petitioners for recovery of a sum of Rs. 5,97,112. 23 paise. In the plaint, it was alleged that the opposite party-plaintiff bank sanctioned an application dated 20/10/1984 of the defendant No. 1 and granted credit facility - Cash Credit (Pledge) of Rs. 4. 5 Lakhs and Cash Credit (Hyp) of Rs. 4 Lakhs on the terms and conditions as pleaded in the plaint against mortgage of the properties and execution of various documents mentioned in paragraph 5 and 7. The argument was over and the suit was fixed for order and judgment. At that stage the plaintiff filed an application for amendment on 30/08/1998 together with a prayer for deferring the delivery of the judgment till disposal of the application for amendment. The said application for deferring the date was allowed. The defendant thereafter, had filed an objection to the application for amendment. After considering the same, the application for amendment was allowed by an order dated 20/08/1999. It is this order against which the present civil revision has been filed.


( 2 ) ). Mr. V. P. Varshney, learned counsel for the revisionist contends that on the d

























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