JUDGMENT

The petitioner in this petition challenging the order passed by the 3rd Additional Sub Judge, Kozhikode in I.A.No.2897/2016 in O.S.No.366/12 under Article 227 of the Constitution of India.

2. It is alleged in the petition that the respondent herein filed Ext.P1 suit as O.S.366/2012 on the file of the 3rd Additional Sub Court, Kozhikode for realisation of ₹`81,87,328/- with interest. The amount was claimed on the basis of a memorandum of understanding entered into between the parties. Along with the suit, he had filed an affidavit as contemplated under Section 26(2) read with Order 6 Rule 15(4) of the Code of Civil Procedure. According to the petitioner, in the suit as well as in the affidavit, the respondent had stated that he is filing the suit for and on behalf of the company as chairman and managing director of M/s.Glosoft Technology Pvt. Ltd. The petitioner filed Ext.P2 written statement denying the allegations and liability to pay the amount claimed in the plaint. Ext.P3 is an affidavit filed by the respondent along with an application to amend the plaint in which he had described him as chairman and managing director of the company and by virtue of this amendment, he w