WPMS No. 173 of 2006 Hon’ble Tarun Agarwala, J. Heard Shri Narayan Singh Negi, the learned counsel for the petitioner and Shri B.S. Negi, the learned counsel for the respondents. The petitioner filed a suit for possession of the property in question contending that the petitioner is the owner and bhumidar of the plot in question and that the defendants without any title and right has encroached upon the land of the petitioner and have constructed their houses. During the pendency of the proceedings, Survey Commissioner was appointed who conducted a survey and found that certain property in question was encroached by Sona Devi, Bala Singh and Jagmohan Singh Chauhan. On the basis of the survey report, the petitioner filed an application under Order 6 Rule 17 of the C.P.C. for amendment of his plaint to implead these persons. This application was rejected by the court below on the ground that the plaintiff is trying to delay the proceedings. Having heard the learned counsel for the parties, the Court is of the opinion that once a report comes before the court that certain other persons have encroached upon the property, the plaintiff was at liberty to file an amendment application to bring these facts on record to implead these persons since the relief was one of possession. Since the relief in the plaint was one of possession, there is nothing to indicate that if the amendment is allowed, the suit would become barred by limitation. Consequently, the court below committed an error in rejecting the application on the ground of delay. It is settled law that the Court should be liberal while considering the amendment application. In the light of the aforesaid, the impugned order cannot be sustained and is quashed. The writ petition is allowed. The amendment application is allowed on payment of cost of Rs.2,000/- which shall be deposited by the petitioner before the court below within four weeks from today. The amount so deposited can be withdrawn by the defendants in equal proportion. Certified copy of the order shall be sent by the Registry to the court below within ten days from today for necessary information and action. (Tarun Agarwala, J.) Dated 23.12.2011 Shiv