PRAKASH ROAD LINES PRIVATE LIMITED v. NEW ASSURANCE COMPANY LIMITED
1992-05-18
P.N.NAG
body1992
DigiLaw.ai
P. N. Nag ( 1 ) THIS revision petition is directed against the order dated 12/10/1977 passed by Shri Z. S. Lohat, Sub-Judge Third Class, Delhiwhereby certain issues were framed. ( 2 ) THE facts giving rise to this petition are that the plaintiffs-respondent filed a suit for recovery of Rs. 1,098. 74. It appears that the Counsel forthe plaintiffs filed a petition for substitution of the name of plaintiff No. 1which was allowed vide order dated 1. 6. 1976 by the trial Court. Consequentlythe plaintiffs filed the amended plaint on 6. 7. 1976 incorporating therein illegallyparas 1, 6 and the verification. The amendment of paras 1, 6 and the verification was not allowed by the trial Court. ( 3 ) THE petitioner-defendant filed an application dated 15. 4. 1977 underorder 14 Rules 1, 2 (a) and (b) and 5 and Section 151 of Code of Civil Procedureproposing certain issues to be framed. ( 4 ) VIDE impugned order dated 12. 10. 1977, the learned trial Courtframed the following issues : " (1) Whether the suit is barred by time ? OPD. (2) Whether New India Insurance Co. is the legal representative andsuccessor of plaintiff No, 1? If not to what effect ? OPD. (3) Whether the plaint is duly signed by a properly authorisedperson ? OPP. (4) Whether the suit is bad for misjoinder of plaintiff ? If so, itseffect ? OPD. " ( 5 ) COUNSEL for the petitioner-defendant submits that the trial Courtought to have framed one more issue, namely, "whether the plaintiff has deleted and unauthorisedly addednew facts in the amended plaint without the permission of the honourable Court ? If so to what effect ?"unfortunately, no such issue has been framed by the trial Court and hence thispetition. ( 6 ) AFTER hearing the learned Counsel for the petitioner, I am of theopinion that the trial Court should have framed the above mentioned proposedissue as the amended plaint could be filed only if it incorporates the amendmentallowed by the trial Court. In case any amendment has not been allowed, thesame cannot be incorporated in the plaint. In these circumstances, the petitioner is entitled to have the additional issue following framed : "whether the plaintiff has deleted and unauthorisedly added newfacts in the amended plaint without the permission of the honourablecourt ? If so to what effect ?
In case any amendment has not been allowed, thesame cannot be incorporated in the plaint. In these circumstances, the petitioner is entitled to have the additional issue following framed : "whether the plaintiff has deleted and unauthorisedly added newfacts in the amended plaint without the permission of the honourablecourt ? If so to what effect ? ( 7 ) THE impugned order of the trial Court is, therefore, modified tothe extent that one more additional issue in the following terms is framed : "whether the plaintiff has deleted and unauthorisedly added newfacts in the amended plaint without the permission of the honourablecourt ? If so to what effect ? OPD. " ( 8 ) CIVIL revision is disposed of in the above terms. In the facts andcircumstances of this I make no order as to costs. ( 9 ) TRIAL Court record be sent back immediately. ( 10 ) PARTIES are directed to appear before the trial Court on 2 7/07/1992.