// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6051/2008 Smt. Bharti Sharma W/o Shri Ramgopal Versus Ramu S/o late Bhagwan Sahai and Others Date of Order ::: 07.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri S.S. Rathore, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. This is defendant's writ petition challenging the impugned order dated 3rd May, 2008, passed by the trial court whereby an application of plaintiff under Order 6 Rule 17 CPC for amendment in the plaint has been allowed. The submission of learned counsel for the petitioner is that amendment is being sought on the basis of so-called agreement dated 5th February, 2003, a reference of which was not given in the plaint earlier, therefore, it is clear that the agreement is forged one and no amendment on that basis should be allowed. The trial court has already considered this submission and has observed that whether the agreement dated 5th February, 2003 is forged one // 2 // or not, will be decided on the basis of pleadings and evidence to be adduced on behalf of both the parties and at this stage the amendment sought on that basis cannot be refused. I have considered the submissions of learned counsel for the petitioner in the light of reasons assigned by the trial court and, after considering the same, I do not find any illegality, perversity or jurisdictional error in the impugned order so as to interfere with the same. There is no merit in this writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//