WPMS No.802 of 2005 Hon’ble Tarun Agarwala, J. Heard Mr. Pankaj Miglani, Advocate for the petitioner and Mr. Lok Pal Singh, Advocate for the respondents. The plaintiff filed a suit for permanent injunction against the defendants restraining them not to interfere in his property and passage in question. This suit was filed in the year 2001. During the pendency of the suit, an amendment application was filed by the plaintiff in the year 2005 i.e. after more than three years alleging that the defendants had raised construction on the property in question during the pendency of the suit. This application was resisted by the defendants. The trial court, after considering the matter, has rejected the application. The plaintiff, being aggrieved, has filed the present writ petition. A categorical finding has been given that the construction, which was alleged to have been raised by the defendants, was raised prior to the institution of the suit and an amendment seeking the relief of the removal of the construction admittedly can be filed within three years from the date of action. In the present case, the amendment application was filed belatedly and also barred by limitation. The trial court was justified in rejecting the amendment application. This court does not find any error in the impugned order. The writ petition is dismissed accordingly. (Tarun Agarwala, J.) Dated 23.12.2011 LSR