WPMS 556/2007 Hon’ble Tarun Agarwala, J. Heard Sri Naresh Pant, the learned counsel for the petitioners. The order sheet indicates that the opposite parties have been served, in spite of which, they have neither appeared nor filed any counter affidavit. The petitioner is the defendant. During the pendency of the suit, the plaintiff filed an application under Order 6 Rule 17 C.P.C. for amendment in the plaint. Two paragraphs were sought to be added after paragraph 15, namely, “15A. That the defendant has removed vital parts of the machinery while it was in its custody as is apparent from the commission report there remains nothing of the machinery except the skeleton. 15B. That as required mandatory legal proceedings were not taken by the defendant in invoking provision of Section 29 S.F.C. Act and sale of the land and building being fraudulent and collusive the taking over the plaintiffs unit and consequent sale of the same be declared illegal, invalid and a nullity along with a further declaration in view of the plaint averments the recovery proceeding also be declared illegal and no consequence.” The defendant objected to the said amendment application alleging that there was a considerable delay in moving the application. The trial court, after considering the matter, found that the evidence has not as yet been led by the parties and that the proposed amendment does not change the nature of the suit. Consequently, in the interest of justice, the trial court allowed the amendment application on payment of cost. The trial court held that the delay in moving the amendment application can be compensated by cost. The petitioner, being aggrieved, has filed the present writ petition. contd……….2/- -2- Having heard the learned counsel for the petitioner, the Court does not find any error in the impugned order. The proposed amendment does not change the nature of the suit nor was the delay such, which could not be compensated in terms of the cost. In view of the aforesaid, the writ petition fails and is dismissed. Certified copy of this order shall be sent by the registry to the court below within two weeks from today for necessary information and action. (Tarun Agarwala, J.) 29-12-2011 SP