WPMS No. 35 of 2003 Hon’ble Tarun Agarwala, J. Suit for partition was decreed by the trial court. The defendant being aggrieved, filed an appeal and, during the pendency of the appeal, filed an application for amendment of its written statement under Order 6 Rule 17 of the C.P.C. The lower appellate court by the impugned order has rejected the amendment application against which the petitioners/defendants being aggrieved has filed the present writ petition. Heard Shri Sharad Sharma, the learned senior counsel duly assisted by Mr. Kovid Bhatt, the learned counsel for the defendants/petitioners and Shri Rajendra Dobhal, the learned senior counsel duly assisted by Mr. K.H. Gupta, the learned counsel for the plaintiffs/opposite parties. Having heard the learned counsel for the parties and, having perused the amendment application and the order impugned, this Court finds that the writ petition is not maintainable against an order rejecting the application for amendment of the written statement. It would be open to the petitioners to challenge the order of amendment after the appeal is decided in an appropriate second appeal by raising it as ground as provided u/S 105 of the C.P.C. Registry is directed to remit the record of the lower appellate court alongwith a certified copy of this order within a week from today. The writ petition is disposed of. (Tarun Agarwala, J.) Dated 04.08.2010 Shiv