WPMS No. 337 of 2009 Hon’ble Tarun Agarwala, J. Mr. Siddhartha Singh, Advocate on behalf of Ms. Mamta Joshi, Advocate for the petitioners. Mr. S.K. Jain, Advocate for the respondents. The suit of the plaintiff was decreed against which the defendants have filed the appeal and during the pendency of the appeal, the plaintiff moved an application under Order 6 Rule 17 for amendment of his written statement bringing on record certain facts which came into existence during the pendecy of the appeal. This application was rejected by the lower appellate court against which the present writ petition has been filed. Having heard the learned counsel for the parties, this Court is of the opinion that the writ petition under Article 227 against the order of the lower appellate court is not maintainable in view of Section 105 of the C.P.C. in which it is open to the petitioners to assail the order by raising it in a ground after the appeal is decided in an appropriate second appeal. Further, the court finds that there is no palpable error which requires interference under Article 227 of the Constitution. The writ petition is dismissed. (Tarun Agarwala, J.) Dated 06.07.2010 Shiv