Or. 6, Rule 17 C.P.C - Amendment of written statement by present secretary of an defendant organisation - erasing the admission made by previous secretary on ground of misrepresentation - Allowed - Confirmed by High court =
Whether the present secretary can file an amendment petition against the admissions made in written statement ,on the plea of fraud done by earlier management ? - Yes
Dhananjayudu misguided his successor S.K.Halemani and thereby he filed the written statement admitting the suit claim and pleaded time for payment.
In this connection, the said S.K.Halemani gave sworn affidavit to that effect.
Therefore, there is a semblance of right to defend the organization by the present secretary, who filed sworn affidavit.
He is properly elected Secretary or not is a question of fact to be decided in the suit itself.
So, therefore, the contention raised by the learned counsel for the petitioner cannot be accepted as the plea that the pronote is not supported by consideration and said amendment cannot cause any prejudice to the right of the plaintiff.
The plea taken by the defendant by virtue of this amendment has to be established by adducing necessary evidence in the trial court. Therefore, giving an opportunity to the respondent herein would not cause any prejudice to the petitioner herein. Hence, there are no grounds to interfere with the impugned order.
6. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs.
| CRP 861 / 2013 | CRPSR 4837 / 2013 |
|
HON’BLE SRI JUSTICE K.C. BHANU
CIVIL REVISION PETITION No.861 of 2013
ORDER:
This revision is filed under Section 115 of CPC to set aside the order dated 05.02.2013 passed in I.A.No.1385 of 2012 in O.S.No.50 of 2011 on the file of the Senior Civil Judge, Srikalahasthi.
2. The respondent herein filed
I.A.No.1385 of 2012 under Order VI Rule 17 of C.P.C., to amend the written statement on the ground that the then Secretary, by name, S.Dhananjeyudu, has got filed a written statement through his successor S.K.Halemani admitting the suit claim and pleaded time for repayment and after verification of the records, the present application was filed praying to amend the written statement to safeguard the interest of the petitioner’s organization and that the sworn affidavit of S.K.Halemani has also filed.
It is further averred that the present suit was brought into existence by S.Dhananjeyudu, the then Secretary to the petitioner’s organization and that the petitioner’s organization has filed a complaint before P.S. Central Crime Station and it was registered as F.I.R. No.303 of 2009 against the then Secretary S.Dhananjeyudu under Sections 203, 406 and 420 IPC, and in the said crime, the present suit transactions were also mentioned and the said criminal cases are pending.
When these events had taken place, it came to light that the suit was brought into existence with the collusion of the then Secretary Dhananjayudu with an intention to enrich himself by swallowing the funds.
The said petition was allowed.
Challenging the same, the present Civil Revision Petition is filed.
3. The learned counsel for the petitioner contended that there is no material filed to show that the present Secretary is authorized person of petitioner’s organization, that once an admission is made by the defendant, it cannot be recalled and therefore, entertaining the application is nothing but abuse of process of court that too at the stage of arguments.
4. On the other hand, the learned counsel for the respondent contended that the plaintiff has not paid the consideration based on the pronote and that the defendant is not liable to pay that amount as the successor of S.Dhananjeyudu played fraud on the organization. That certain facts came into existence in view of the registration of the crime against the previous Secretary S.Dhananjeyudu for the offence punishable under Sections 203, 406 and 420 IPC and therefore, the lower court rightly allowed the petition.
5. The contention of the defendant is that Dhananjayudu misguided his successor S.K.Halemani and thereby he filed the written statement admitting the suit claim and pleaded time for payment.
In this connection, the said S.K.Halemani gave sworn affidavit to that effect.
Therefore, there is a semblance of right to defend the organization by the present secretary, who filed sworn affidavit.
He is properly elected Secretary or not is a question of fact to be decided in the suit itself.
So, therefore, the contention raised by the learned counsel for the petitioner cannot be accepted as the plea that the pronote is not supported by consideration and said amendment cannot cause any prejudice to the right of the plaintiff.
The plea taken by the defendant by virtue of this amendment has to be established by adducing necessary evidence in the trial court. Therefore, giving an opportunity to the respondent herein would not cause any prejudice to the petitioner herein. Hence, there are no grounds to interfere with the impugned order.
6. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs.
7. Miscellaneous petitions, if any, pending in this petition shall stand closed.
_______________________
JUSTICE K.C. BHANU
April, 04, 2013
KKK/PN
HON’BLE SRI JUSTICE K.C. BHANU
CIVIL REVISION PETITION No.861 of 2013
April, 04, 2013
KKM/PN
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