IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 3822 of 2006 SHIE CONSTRUCTION PVT.LTD. & ORS. V/S R.F.C.,BHILWARA & ANR. Mr. SANDEEP SARUPARIA, for the appellant / petitioner Mr. DS RAJVI, for the respondent Date of Order : 26.7.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- It is contended by learned counsel for the petitioners that the learned Court below was in error in allowing the application under Order 6 Rule 17 CPC, inasmuch as, the proceedings pending before the learned trial Court are not of the suit, but are proceeding in the nature of execution. Learned counsel for the respondent also does not dispute this proposition that the proceedings are in the nature of execution. That being the position, in my view, the learned Court below could not have entertained the application under Order 6 Rule 17 CPC. The impugned order is, therefore, set aside. The application for amendment is dismissed. The learned trial Court is directed to proceed with the matter treating the matter as execution application and not as a suit. The writ petition is, accordingly, allowed as above. ( N P GUPTA ),J. /tarun/