B S CONTRACTORS Vs. BISHAN SINGH

JUDGEMENT

(1.) M/s B.S. Contractors filed a suit through its partner Harbhajan Singh Saini against Bishan Singh defendant from interfering in the functioning of the firm and further restraining him from entering into any contract in the name of the firm. The suit was contested by the defendant. The case of the defendant was that the plaintiff had no locus-standi to file the suit. The firm according to the defendant was a sole proprietorship concern of the defendant and the plaintiff had no interest, right or title in the said business. Consequently, he prayed for dismissal of the suit.

(2.) After the pleadings of the parties were complete, during the pendency of the suit, the plaintiff filed an application under Order 6 Rule 17 of the Code of Civil Procedure praying for amending the plaint. The amendment particularly related to reframing of paragraphs No. 2 and 3 of the plaint already on record and without consequential changes. It was stated in the application for seeking amendment of the plaint that the word 'partner' had been written erroneously and the remaining 10% shares had also been transferred and sold by the defendant to the plaintiff after which the defendant had no interest in the business and it had become sole proprietorship of the plaintiff. This application for amendment was contested by the defendant who stated that the plaintiff was trying to change his entire case and the application was filed at a belated stage.

(3.) Vide order dated 8.11.1997 the learned Subordinate Judge (Jr. Division), Amritsar, dismissed the application of the plaintiff, thus, giving rise to the present revision petition.