HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 1637 of 2001 (MS) Diwan Singh ……. Petitioners Versus Additional District Judge, Udham Singh Nagar & others …..….. Respondents Dated: October 27, 2004 Hon. Rajesh Tandon J. By the present Writ Petition, the petitioner has prayed for quashing of the order dated 20.9.1999, annexure-11 to the writ petition. Briefly stated the petition has filed a suit being suit No. 76 of 1991 in the court of Civil Judge, praying for the injunction and demolition of unauthorised construction. The respondent no.3 has filed a counter claim in the suit against the petitioner alleging therein that the petitioner had no claim in the disputed land. The trial Court has dismissed the suit vide order dated 27.2.1999 and allowed the counter claim of the respondent no.3. The petitioner has preferred an appeal being appeal no. 17 of 1999. During the pendency of the appeal the petitioner has filed an application under Order 6 Rule 17 for seeking amendment in the written statement filed by the petitioner against the counter claim. The defendant has sought the following amendment in the counter claim: izLrj 10 ds mijkUr fuEu fyf[kr izLrj c<k;k tkos 10 ¼v½ ;g fd izfrnkok vYi o voS/kkfud :i ls ewY;kfdar gSA izfrdkj v ij dksbZ U;k;”kqYd vnk ugh fd;k x;k gS] vr% izfrnkok fof/kd :I ls ewY;kafdr ugh gS A ugh ml ij iz;kZIr U;k;”kqYd vnk fd;k x;k gS blh vk/kkj ij izfrnkok fujLr fd;s tkus ;ksX; gSA 10 ¼c½ ;g fd izfroknhx.k dks izfrnkok izLrqr djus dks dksbZ dkj.k mRiUu ugh gqvkA 10 ¼l½ ;g fd izfrnkok vUrZxr vkns”k n`7 fu;e 11 nhokuh izfdz;k lafgrk ds fujLr fd;s tkus ;ksX; gSA The appellate Court has rejected the application of the petitioner under order 7 Rule 11 as the provisions of Order 7 Rule 11 cannot be exercised at the appellate stage. So far as the order regarding payment of court fee is concerned the same has been rightly passed by the appellate Court. So far as the amendment in the written statement against the counter claim is concerned the same cannot be interfered. In view of the above observation, the writ petition is dismissed. No order as to costs. (Rajesh Tandon J.) October 27, 2004 *Dhyani