PACHRANGA INTERNATIONAL Vs. SOM NATH

JUDGEMENT

(1.) This is an application under Order VI Rule 17 read with section 151, CPC made on behalf of the plaintiff seeking amendment of the plaint as also of the application under Order XXXIX Rules 1 and 2, CPC.

(2.) The plaintiff has filed the suit under the name of M/s. Pachranga International (Chander Group) for a permanent injunction, passing off action, for accounts and delivery, etc. The suit is being contested by the defendant on a variety of pleas and grounds. The plaintiff now wants to incorporate certain facts as to the division/dissolution of the partnership firm and its consequence in the plaint and in the application. The plaintiff also wants to incorporate; facts relating to institution of certain earlier proceedings' filed by its plaintiff through its partner Rajinder Kumar Dhingra against the defendant, at Panipat Court and certain compromise having been reached between the parties in the said suit.

(3.) Though no reply is filed to this application, the learned counsel for the defendant strongly opposes the application on the ground that the application is mala fide and the plaintiff has not come to the court with clean hands inasmuch as he has concealed the factum of earlier proceedings in 'the plaint. It is also s.tated that the averments and allegations sought to be incorporated in the plaint are not factually correct. .'