With regard to Mr. Mukherjee’s contention that these pleadings may be used as a plea for the delay, is not relevant as it does not appear that the application under Order IX Rule 13 was filed belatedly. There is no application for condonation of delay in filing the said misc. case. Although Mr. Mukherjee says that there has been delay in filing the application under Order IX Rule 13, but there is no document to show that any such application had been filed for condonation of delay. Such issue cannot be decided in this proceeding. The merits of the statements made in the application for amendment of the misc. case, cannot be decided at the time of disposal of the amendment application. The points raised, including the point of delay, if any, should be raised before the learned court below at the time of hearing of the misc. Case and not before this court. The learned court below will decide all the issues, strictly in accordance with law without being influenced by this order. The misc. case should be disposed of expeditiously, preferably within a period of three months after the amended petition and written objection are filed.
