IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.3351 of 2010 Radheyshyam Sharma son of Shri Janki Lal VERSUS Kailash Chandra Sharma son of Shri Ramnarayan and Another Date of Order :::: March 10th 2010 Hon'ble Mr. Justice Dalip Singh Mr. Sudarshan Laddha, Counsel for the Petitioner *** By the Court : Heard learned counsel for the petitioner. Perused the impugned order by which the application submitted by the plaintiff for amendment of the plaint has been allowed. The suit is at the initial stage and even the issues have not been framed. The submission of the learned counsel for the petitioner is that the alleged `chabutari', ventilators and `chhajja' were in existence, even prior to filing of the suit and, therefore, amendment should not be allowed is a matter which can be denied by the defendant in the amended written-statement and which can be decided at trial by the evidence. In the facts and circumstances, the impugned order does not suffer from any jurisdictional error. The writ petition is accordingly dismissed. (Dalip Singh), J. Ashok/