JUDGMENT

Tarlok Singh Chauhan, J. - CMP No. 8793/2017

1. By medium of this application, the applicant has sought an amendment of the plaint on the ground that it gathered knowledge of the fact that the policy dated 6.9.2009 had not been challenged in the suit, reference/observation whereof finds mention in the judgment under challenge passed by the first appellate court while deciding the appeal. It is further averred that the applicant had given complete narration with respect to the matter in controversy to its counsel and being not well conversant with the intricacies/nitty gritty of the pleadings, in good faith, relied on the expertise of its counsel that its case has been properly drafted. However, fact of not challenging the policy dated 6.9.2006 has adversely effected the interest of the plaintiff which has come to its knowledge only after passing of the judgment by the first appellate court. It is further pleaded that the notification dated 6.9.2006 goes to the root of the lis and its impleadment in the pleading before the trial court was necessary to determine the real controversy in issue. The lapse on the part of the learned counsel has prejudiced the interest of the appl