Civil Revision No. 64 of 2009. 28.8.2009 Present: Mr. Naresh Kumar Gupta, counsel for the petitioner. Mr. K.D. Sood, counsel for the respondent. Civil Revision No. 64 of 2009. The learned counsel for the petitioner has submitted that the suit was filed for restraining the respondent on land comprised in khasra No. 5072. During pendency of the suit, the respondent has threatened to raise construction on khasra No. 4918 and in these circumstances, an application under Order 6 Rule 17 CPC, was filed by the petitioner in the trial court for amendment of the plaint. The application was dismissed on 12.3.2009. The suit was filed on 7.4.2006. It has been submitted by the learned counsel for the respondent that the suit was at the stage of recording rebuttal evidence when the application for amendment of the plaint was filed by the petitioner. It is the case of the petitioner itself that respondent is trying to raise construction on khasra No. 4918, which is not the part of the suit land. This being the position, the petitioner has another cause of action for filing a suit against the respondent as khasra No. 4918 is not part of the suit land. Therefore, the plaint cannot be amended and the learned trial court has rightly rejected the application of the petitioner. Consequently, the revision petition is dismissed. CMP No. 311 of 2009. In view of the dismissal of the main petition, interim order passed on 14.5.2009 is vacated and the application is dismissed. August 28, 2009. ( Kuldip Singh ), (Hem) Judge.