Judgment

Shah, J.-By the impugned order dated 14th July, 1998 in C.R.P. No. 494/87, the learned Single Judge of the High Court of Kerala by exer­cising jurisdiction under Section 115 of the Civil Procedure Code has granted permission to the respondent to amend the application filed on 4.4.1978 under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as “the Act”) for appointment of arbitrator to resolve the dispute between the parties so as to convert the same as a suit for recovery of amount claimed therein. On 30.3.1986, the respondent-Corporation filed an interim application being I.A. No. 885 of 1986 for amending the pending application under Section 20 of the Act so as to convert the same as a plaint under Order VII Rule 1 of the C.P.C. for recovery of money. The application was rejected by the trial court. The High Court set aside the order passed by the trial court and allowed the same by exercising powers under Section 151 and Order VI rule 17 of the Code of Civil Procedure. That order is challenged by filing this appeal.

2. It is the case of the appellant that the appellant entered into an agreement with the respondent-District Manager, Food Corporation of Indi