CMPMO 180 of 2008. 8.12.2008 Present: Mr. R.K.Sharma, counsel for the petitioner. Mr. Vikas Bhardwaj, counsel for the respondent. This petition has been filed by the plaintiff against the order passed by the learned Civil Judge (Junior Division), Chacheot at Gohar, disallowing amendment of the plaint, as prayed for by the plaintiff. The learned court, on consideration of the application, holds that the proposed amendments would displace the suit of the plaintiff. Further, the plaintiff- applicant was aware of the facts of which he seeks amendment and should have come at a prior point of time. The application has been dismissed. I find from the order that the learned Court has undertaken a minute examination of the proposed amendment which is not permissible at this stage when the application for amendment is filed. I do not find that there is any admission made by the plaintiff which adversely affects vested right of the defendant. True that there may be some laxity on the part of the plaintiff, but that is not sufficient to allow application under Order 6 Rule 17 of the Code of Civil Procedure. The learned trial Court should -2- have been more focused on the fact as to whether the amendment was necessary for disposing of the entire controversy between the parties. It is trite that merely amending the plaint does not in any manner constitute proof of the facts which have to be established by evidence. The right of the defendant to controvert those facts and to resist trial on merits is always kept alive. In the circumstances, this petition is allowed. However, considering that the amendment has been moved at a later stage, it would be appropriate if the defendant is compensated with costs which are accordingly awarded. The plaintiff shall pay Rs.3300/- as costs to the defendant on the first date of appearance before the learned trial Court. Parties to appear before the learned trial Court on 29.12.2008. It is clarified that in case the costs are not paid on the first date of appearance, the suit shall stand dismissed. Pending application(s) shall stand disposed of and interim order(s) vacated. Record of the trial Court, if received, be sent back immediately. December 8, 2008 (PC). (Dev Darshan Sud), J.