i.43 & 44 % 31.03.2011 Present: Appearance not given for the petitioner, Mr. Madan Lal Sharma with Mr. Varun Nschal, Advs. for the resPondents no. 1 & 2. +CM(M) Nos.524l2OO7 &1154/2OO7 By these petitions, challenge is laid by the petitioner/defendant to the impugned order dated 24.LL.2006 whereby the amendment application of the respondent/plaintiff was allowed to bring on record certain subsequent facts and which order also impleaded as a party Sh. Munni Lal who was the husband of the existing plaintiff. Counsel for the parties states that the issue can be resolved by holding that the suit qua impleadment of Munni Lal would be not as from the original filing of the suit but only on the date when Munni lal filed the application for being impleaded in the suit. Ordered accordingly. So far as the other amendments allowed, petitioner himself agrees that just by allowing of an amendment application, nothing on merits of the matter is decided. lt is therefore ordered that nothing contained in the impugned order will tantamount to an expression on merits of the case and will not prejudice either of the parties in any manner at the stage of final arguments in the case. The petitions are accordingly disposed of. Counsel for the appellant urrdertakes that he shall pay the costs awarded in both these cases before the next date of hearing in the Trial Coutt and proceedings in the Trial Court will be subject to the petitioner paying the costs to the respondent. March 31, 2011 ak ID-t---rw\.+ vALMlKl J. MEHTA, J. A Digitally Signed By:AMULYA Signature Not Verified