( 1 ) THE present application is for the amendment of the plaint filed under the summary procedure contained in Order XXXVII of the Code of Civil Procedure, 1908. It has comeat an awkward stage of the litigation, inasmuch as the defendant has filed its application seeking Leave to Defend the suit. The plaintiff prays that the amendment application should be disposed off forthwith but the defendant has pressed that since his application is anterior in time, it should be considered first. The defendant has also maintained that the plaint cannot be amended as this procedure is beyond the contemplation of Order XXXVII. Learned Senior counsel appearing for the parties have invited the Courts decision on this interesting question and have jointly submitted that the two applications, on merits, be taken up later.

( 2 ) IN Suit No. 1811/89 entitled Prakash Sharma v. D. DA. and Ors. 1 had, on 3. 3. 2000, permitted the petitioner to amend his objections filed under Sections 30 and 33 of the Arbitration Act, 1940, well beyond the stipulated period of limitation, that is, thirty days. It was my view that the law relating to amendments of pleadings no doubt encourages to adop