VASUMATI AGENCIES PRIVATE LIMITED Vs. HARISH CHANDER DEWAN

JUDGEMENT

(1.) Appellant/defendant No.5 has filed this appeal challenging the order passed by learned Single Judge on 11/1/2000 dismissing its application filed under Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of its written statement.

(2.) Learned Single Judge after narrating the facts leading to the filing of the Application for amendment proceeded to dismiss the application on two grounds, i.e. defendant No.5 was not a party to the award dated 16/12/1988 and to suit N0.106A/89 wherein the said award of the arbitrator was made rule of court, therefore, has no locus standi to challenge the award/decree and secondly on the ground that the application seeking amendment has been filed with a view to delay the proceedings in the suit.

(3.) We have heard learned counsel for the parties and been taken through pleadings as well as the application seeking amendment of the plaint.