CW-6451/08 -Shri Radheshyam Kabra Vs. Shri Ram. Judgment dt.10.3.10 1/2 S.B. CIVIL WRIT PETITION NO.6451/2008 Shri Radheshyam Kabra Vs. Shri Ram. Date of order : 10th March, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Pankaj Sharma for the petitioner. Mr. Deepak Maneria for the respondent. ------- By this writ petition the order dated 17.7.2008 is challenged by the plaintiff-petitioner against the rejection of his application for amendment under Order 6 Rule 17 C.P.C. The plaintiff wanted to incorporate khasra No.1965 for describing the suit property in place of suit property described with help of neighbourhood only in the original plaint. Learned counsel for the petitioner submits that he obtained a decree for declaration from the learned SDO about this khasra No.1965 and, therefore, the relevant fact ought to have been allowed to be brought on record by way of amendment in the plaint. Learned counsel for the respondent Mr. Deepak Maneria opposes this submission and submits that the said decree has not become final and is subject to appeal before the Revenue Appellate CW-6451/08 -Shri Radheshyam Kabra Vs. Shri Ram. Judgment dt.10.3.10 2/2 Authority, the matter is still subjudice before the learned trial court and, therefore, the learned court below cannot be said to have erred in rejecting the said application under Order 6 Rule 17. Having heard learned counsels, this Court is of the view that in view of the fact relating to title of khasra No.1965 having not become final in favour of the petitioner, the learned trial court cannot be said to have erred in rejecting the said application for amendment in plaint. The writ petition is found to be devoid of merit. The same is accordingly dismissed. No costs. [ DR. VINEET KOTHARI ], J. item No.103 babulal/