CRP 292/2008 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Borah, learned counsel for the petitioners as well as Mr. Mond al, learned counsel for the respondent. The petitioners by the present petition have challenged the judgment and order dated 27.05.2008 passed by the learned Civil Judge, Morigaon in Misc. App eal No.5/2007 allowing the appeal by setting aside the order dated 09.08.2007 pa ssed by the learned Munsiff, Morigaon in Misc.(J) Case No.27/2007 arising out of T.S. No.57/2006, granting the prayer of the present petitioners for amendment o f the pleadings in the written statement. Mr. Borah, learned counsel for the petitioners submits that the learned Civil Judge ought not to have entertained the appeal being Misc. Appeal No.5/200 7 as the order dated 09.08.2007 passed by the learned Trial Court allowing the p rayer for amendment of the pleadings in the written statement made under Order 6 Rule 17 of the Code of Civil Procedure is not appealable. Mr. Borah, learned co unsel, therefore, submits that the impugned judgment and order dated 27.05.2008 may be set aside. Mr. Mondal, learned counsel for the respondent, on the other hand, has s ubmitted that the Appellate Court has interfered with the order dated 09.08.2007 as the defendants by way of amendment want to incorporate new facts, which woul d change the nature and character of the suit. The learned counsel, however, has fairly submitted that no appeal lies against the order dated 09.08.2007 allowin g the amendment of the pleadings in the written statement made under Order 6 Rul e 17 CPC. It appears that on the basis of the application filed by the present pet itioners, who are the defendants in Title Suit No.57/2006, filed under Order 6 R ule 17 of the CPC praying for amendment of the pleadings in the written statemen t, Misc. (J) Case No.27/2007 was registered and numbered. The said application f iled under Order 6 Rule 17 CPC was allowed vide order dated 09.08.2007 by the le arned Munsiff No.1, Morigaon. The plaintiff/respondent thereafter preferred Misc . Appeal No.5/2007 in the Court of learned Civil Judge, Morigaon challenging the said order, which has been allowed vide judgment and order dated 27.05.2008. Section 104 and Order 43 Rule 1 of the Civil Procedure Code, stipulates the orders against which the appeal lies. It does not provide that an order pass ed under Order 6 Rule 17 of the CPC is appealable. That being the position, the learned Civil Judge, Morigaon ought not to have entertained the appeal preferred by the present respondent challenging the aforesaid order dated 09.08.2007 gran ting the prayer for amendment of the pleadings in the written statement. The appeal before the learned Civil Judge against the aforesaid order be ing not maintainable, the judgment and order dated 27.05.2008 passed by the lear ned Civil Judge in Misc. Appeal No.5/2007 is set aside. No cost.