3.In the counter statement filed by the third respondent, it is contended that the petitioner came forward with the petition seeking amendment in the cause title of the main suit. It is further contended that the main suit was posted for further examination. After examining P.W.1, it is very much admitted by the petitioner herein that he has filed the suit in his favour and he has also admitted that the suit property has to be registered in favour of the third respondent as per the agreement dated 22.08.2012. Hence, he cannot seek for amendment. The other contention raised by the third respondent is that the proposed amendment changes the cause of action and also the nature of the suit which was filed by the plaintiff in independent capacity. Therefore, the proposed amendment is not at all maintainable. Further, the contention raised that the Secretary of the association alone is competent to sue and to be sued as per the by-law of the association. Hence the third respondent contended that there is no merit in the said application.
