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1999 Supreme(MP) 884

R.B.DIXIT, S.P.SRIVASTAVA
VXL India Limited – Appellant
Versus
Keshav Brij Bhushan Das Aggarwal – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:J.P. Gupta, Sr. Advocate and J.S.L. Sinha
For Respondents/Defendant: K.N. Gupta

ORDER

S.P. Srivastava, J.

1. Heard the Learned Counsel for the applicants/judgment-debtor as well as the Learned Counsel representing the Respondent/deeree-holder.

2. Perused the record.

3. The Judgment-debtor/Defendant No. 1 has filed the present application praying for the permission to incorporate various amendments in the written statement filed by it in the suit, the judgment and decree passed wherein is under challenge in the First Appeal before this Court filed under Section 96 of the Code of Civil Procedure.

4. The Defendant proposes to delete the last paragraph 21 of the written statement as originally framed and proposes to add paragraphs 21 to 35 containing various factual assertions.

5. In paragraphs 30 and 31 of the proposed amendments, the Defendant has asserted that the Plaintiff is liable to pay a sum of Rs. 21,88, 492/- to the Defendant and the Defendant is entitled to recover the aforesaid amount as unpaid seller with interest from the date of filing of the suit on 22-6-1992 at the rate of 20% per annum.

6. In paragraph 33 of the proposed amendments, it has been stated that the cause of action for the counter-claim had arisen on 16-4-1998 when the IX Additional District













































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