JUDGMENT :

D.P. Mohapatra, J. - This application u/s 115 of the CPC arises out of a proceeding under the Arbitration Act. By the impugned order the Subordinate Judge rejected the Petitioner's application for amendment of his objection filed in the proceeding (T.S. No. 252/81).

2. On a reference of disputes by opposite party to an Arbitrator an ex parte order was passed against the Petitioner making him liable for a sum of Rs. 25,810/-. An application to make the said award rule of court was filed by the opposite party which is subject matter of T.S. No. 252/81. Therein the Petitioner filed his objection within the stipulated period challenging the award on several grounds. He asserted that he had no transaction with the opposite party which could possibly give rise to a dispute necessitating reference by the latter. He also denied existence of any arbitration agreement between the parties. The matter is pending consideration before the court. By the proposed amendment the Petitioner sought leave to introduce the following averments in his objection:

After para 9, add the following para 9A: That the arbitrator Shri Suresh Chandra Mohanty has acted and appeared as an Advocate for the Pl