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Judgment
J.V. Gupta, ACJ
This revision petition is directed against the order of the trial court dated November 2,1989, whereby the application for amendment of the
plaint was allowed subject to the payment of Rs.100/- as costs.
The learned counsel for the defendant-petitioner submitted that the suit was originally filed for a sum of Rs.83,200/- as principle and Rs.
16,800/- as interest at the rate of 12 per cent per annum. In paragraph 8 of the plaint it was specifically pleaded that though the rate of interest was
18 per cent per annum, but the plaintiff was only claiming the same at the rate of 12 per cent per annum. Thus, argued the learned counsel, once
this plea was abandoned, the plaintiff could not be allowed to amend the plaint subsequently and to claim interest at the rate of 18 per cent per
annum. Moreover, argued the learned counsel, no reasons were given in the impugned order for allowing the amendment. On this ground alone,
the order was illegal.
After hearing the learned counsel for the parties, I find that the trial Court has acted illegally and with material irregularity in the exercise of its
jurisdiction. Once the plaintiff had abandoned the plea of rate of interest at the rate of 18 per cent per annum, he could not be allowed to take this
plea subsequently and that too after a long time.
Consequently, this revision petition succeeds and is allowed. The impugned order is set aside and the application for amendment of the plaint is
dismissed with costs. The parties have been directed to appear in the trial Court on June 14,1990.