1 cwp No.7613.2006 Roop Narain Ghiya Proprietor Vs.Rameshwar Lal Koolal & Anr IN THE HIGH COURT OF JJDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.7613 of 2006. Roop Narain Ghiya Proprietor M/s. Roop Narain Ramesh Chand Ghiya Versus Rameshwar Lal Koolal son of Shri Gyarsi Lal and Another Date of Order :::: 30/07/2009 Hon'ble Mr. Justice Dalip Singh Mr. Manish Sharma, Counsel for the Petitioner Per Court : Heard learned counsel for the petitioner. Perused the impugned order dated 07.09.2006 by which the application submitted by the petitioner-defendant in an appeal filed agianst the order determining the provisional rent for amendment of the memo of appeal has been rejected. I have heard the learned counsel for the petitioner and perused the impugned order. 2 cwp No.7613.2006 Roop Narain Ghiya Proprietor Vs.Rameshwar Lal Koolal & Anr It is not in dispute that the plea, which is sought to be raised by way of amendment of the memo of appeal has not been raised in the reply/written-statement filed by the petitioner to the main application. The plea as does not find place in the reply to the main suit cannot be incorporated in the memo of appeal for the first time without amendment of the reply itself. In the facts and circumstance of the present case, therefore, the writ petition is devoid of merits and the impugned order does not call for any interference. The writ petition is accordingly dismissed. The interim order stands vacated. A copy of this order be sent to the learned Appellate Court as well as trial Court. (Dalip Singh) J. ashok/ 3 cwp No.7613.2006 Roop Narain Ghiya Proprietor Vs.Rameshwar Lal Koolal & Anr