IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.9030 of 2007. Rajendra Kumar Mali son of Shri Hari Kishan Mali VERSUS Civil Judge (Junior Division) Chomu, District Jaipur and Another Date of Order :::: 24/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. Ajay Gupta, Counsel for the Petitioner. Mr. Sumer Singh Choudhary, Counsel for the Respondents Per Court : Heard learned counsel for the parties and perused the impugned order. This petition has been filed by the plaintiff-petitioner whose application for amendment of the plaint has been rejected. The amendment was sought on account of the alleged dispossession of the plaintiff by the defendant during the pendency of the suit. As a result of dispossession, the plaintiff, who had previously filed a suit for permanent injunction to restrain the defendant from dispossessing the plaintiff was required to be amended. The plaintiff has now sought the amendment with regard to the relief of possession of the land and the decree for possession of the land, in dispute actuated on account of the subsequent events during the pendency of the suit. The learned counsel for the respondents raised certain objections with regard to the right of the plaintiff to seek the aforesaid relief. So far as the objections of the learned counsel for the defendant are concerned, the same relate to the merits in the suit and are required to be adjudicated by the learned trial Court during trial after considering the evidence and are not related to the issue of amendment. So far as the present application is concerned, under Order 6 Rule 17, C.P.C. for amendment of the plaint, since the amendment are actuated on account of subsequent events during the pendency of the suit, as alleged by the plaintiff, the application deserves to be allowed. In that view of the matter, the impugned order is set aside. The writ petition is allowed. The petitioner shall file amended plaint, if not already filed, on the next date. No further time shall be allowed. The writ petition is allowed as aforesaid. No order as to costs. (Dalip Singh) J. ashok/