SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

S.PALANIVELU
UCO Bank – Appellant
Versus
Nest Tours and Travels P. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:S. Ramasundaram, Advocate.
For the Respondents:K. Venkateswaran, Advocate.

JUDGMENT

S. Palanivelu, J.— 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 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 wilful nor wanton but due to 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 Chetpur branch Mr. Subramanian for some ticke































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top