CMPMO 94 of 2009 9.3.2009 Present: Shri Bimal Gupta, Advocate, for the petitioner. CMPMO 94 of 2009 The grievance made by the petitioner in this petition is that while allowing the application for amendment under Order 6 Rule 17 of the Code of Civil Procedure, the learned Court has not considered the fact that the counter claim as purportedly putforth in the pleadings is not in accordance with law. It is trite to observe that mere amendment in the pleadings or in averments either in the plaint or the written statement does not constitute the establishing of the claim. The claim/defence put forward by the parties has to be tested on the basis of the settled issues, evidence led and the provisions of law applicable. In these circumstances, it will be open to the petitioner, herein, to contest the amendment introduced by the defendants at the settled issue in the trial and to urge that the counter claim as purportedly filed is not in accordance with law and the fact that it shall have bearing on the defendant’s claim. This petition is disposed of without adjudicating on the other grounds, as urged. CMP No. 53 of 2009 Infrcutuous. March 9, 2009 (Dev Darshan Sud) (ms) Judge.