Punjab National Bank vs Girdharilal Ghanshyam Das and Co. and Others

K.B.N. Signh, J.—This revision petition by the petitioner. Punjab National Bank, Patna City Branch, is against an order, dated the 17th of January, 1972 of the learned Subordinate Judge, adding the Bank as a party defendant in money suit -- No. 113 of 1971. The money suit was filed by the plaintiff opposite party No. against defendant opposite party Nos. 2 to 5.

Learned Advocate-General, appearing on behalf of the petitioner, has urged that in the money suit, no claim having been made against the Bank, the order for addition of the Bank as a party was arbitrary and uncalled for. Mr. J. C. Sinha, appearing on behalf of the plaintiff opposite party has not disputed this position and has conceded that the order has got to be set aside but without prejudice to his right to apply afresh for addition of the Bank as defendant before the trial Court where a petition for amendment of the plaint by inserting necessary averments of claim against the Bank was pending.

It is thus obvious that the revision petition has got to be allowed and the order of the learned Subordinate Judge, dated the 17th January, 1972, adding the Bank as a defendant has got to be set aside. I may, however, without expressing any opinion observe that it will be open to the court to consider if any petition as suggested by Mr. J. C. Sinha is filed, on its merits and dispose it of in accordance with law.

In the result, the revision petition is allowed and the order, dated the 17th January, 1972 is set aside. In the circumstances of the case. I will make no order as to costs.