IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 408 of 2007(M/S) Smt. Indu Mani Dutta ……… Petitioner Versus District Judge, District Dehradun and others ………. Respondents ………. Mr. Sharad Sharma, Advocate for the petitioner. Mr. V.K.Kohli, Senior Advocate with Mr. T.C.Pande, Advocate for respondent no. 3. Hon’ble V.K. GUPTA, C. J. After hearing the detailed arguments of the learned counsel for the parties and upon perusal of the impugned order as well as the various documents accompanying the writ petition, I feel convinced that the learned Courts below have not erred in any manner in granting the prayer of respondent no. 3 for amendment of the written statement. No interference is warranted. The writ petition is dismissed in limine. It must be clearly observed that the permission granted for amendment of the written statement by incorporation of counter claim does not amount to deciding the issues of controversy on merits. Whatever counter claim has been introduced by the defendant-respondent no. 3 by way of amendment shall be adjudicated upon its own merit and in accordance with law. The learned Trial Court is also directed to dispose of the suit expeditiously. (V. K. Gupta, C. J.) 26.03.2009 A