SBCWP No.9001/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO.9001/2007. Sandeep Goyal Vs. Dr. Rakesh Sharma & Ors. Date of order : 18/02/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri J.P. Goyal for the petitioner. *** BY THE COURT:- Heard learned counsel for the petitioner. This writ petition has been filed at the instance of the plaintiff-petitioner who applied for amendment of the plaint by filing application under Order 6 Rule 17 read with Section 151 CPC. In the said application, the prayer was made for allowing the plaintiff to amend their averments in the plaint according to which plaintiff wanted to file appeal against the permission granted by the UIT before the Collector and the Collector remanded the matter and, thereafter, the UIT has again granted permission earlier granted to the petitioner. According to the permission granted, the defendant was allowed to raise construction of basement from North to South in the length of 32.6 inches. The court also permitted him to raise construction strictly in accordance with the permission granted. According to the petitioner, the SBCWP No.9001/07. 2 defendant has constructed the basement beyond the limit of permission. Learned trial court rejected the application holding that kind of pleadings were not necessary to the incorporated in the plaint because plaintiff can prove such facts even by evidence. A perusal of para 5 of the plaint clearly reveals that pleadings are to the effect that defendant before raising the construction was required to leave set-back and accordingly he should be required to raise construction after leaving the set-back. In para 9 of the plaint, a specific assertion has been made that construction of the basement should be made only after leaving the required area of set-back and in paras 10 and 11 of the plaint again it has been stated that the construction was required to be made after leaving the set-back. Necessary pleadings for production of the evidence as discussed in the amendment application already therefore exits in originally filed plaint. Documents based on subsequent development can be filed by plaintiff on the strength of those pleadings without getting the suit so amended. Learned trial court in my view therefore, has taken a correct approach and rightly rejected the amendment application. The writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil