DINESH KUMAR Vs. J. K. LAKSHMI CEMENT LIMITED

JUDGEMENT

(1.) This petition has been brought challenging the order dated 26.06.2019 in Civil Suit No.6-B/2013 by which the application filed by the respondents praying for amendment in the plaint has been allowed and the application filed by the petitioner under Order 1 Rule 10 of C.P.C. was dismissed.

(2.) Learned counsel for the petitioner submits that the respondents filed the Civil Suit No.6B/2013 against the petitioner and others respondents No1, is industry on whose behalf respondent No.2 has filed Civil Suit. He is not holding any power of attorney for filing such suit. The petitioner then moved an application under Order 7 Rule 11 of C.P.C. challenging the maintainability of suit. Subsequent to which, the amendment application was filed by the respondent with a mala-fide intention at a belated stage to counter and nullify the objection raised by petitioner in his application under Order 7 Rule 11 of C.P.C.

(3.) It is submitted that although the Court has power to allow the prayer of amendment under Order 6 Rule 17 of C.P.C. but this power has to be exercised judicially.