ORDER

Date : 04-06-2019 Heard Shri R.K. Bhatra, learned counsel for the petitioner. Also heard Shri J.

Ahmed, learned counsel for the sole respondent.

2. The present petition has been filed challenging the order dated 09.08.2018 passed by the learned Civil Judge, Morigaon in M.J. Case No. 51/2017 arising out of Money Suit

15/2017. By the impugned order, the learned Civil Judge had rejected the prayer of the petitioner/plaintiff for amendment of the plaint.

3. The brief fact of the case is that the petitioner as plaintiff had instituted a suit before the learned Court below against the respondent/defendant. The petitioner which is the Bank had filed the suit for recovery of a certain sum in connection with the loan account maintained by the respondent being Loan Account No. 409906140016270. The said account number has been mentioned in paragraph 3 and on two occasions in paragraph 8 in the pliant. However, in the prayer portion, the account number was wrongly stated as the last digit has been written as “2” instead “0”. The suit proceeded thus and without any detection of the mistake, even the written statement was filed.

4. In paragraph 15 of the written statement the account number has