- (1.)Leave granted.
(2.)Between the parties there were arbitration proceedings wherein an award has been made under the Arbitration Act, 1940. Proceedings for making the award a rule of the court are pending in the court of additional civil judge, senior division, patiala. Objection petition under section 30/33 of the Arbitration Act has been filed by the appellant. On 9.4.2001, the appellant moved an application under order 6 rule 17 of the Civil Procedure code seeking amendment in the objection petition by incorporating additional grounds of objection. This prayer for amendment has been rejected by the trial court on the ground that on the date of moving of the application for amendment the limitation for filing objections had expired and that the grounds, which were sought to be added by way of amendment cannot be termed as left out earlier by 'typographical errors' as was the cause mentioned in application for amendment.
(3.)During the course of hearing, the learned counsel for the appellant has submitted that out of the several amendments sought for in the application, the appellant would press only one ground for being incorporated in the objection petition, and that is, that there being no arbitration agreement between the parties all the proceedings were incompetent.