MCC No. 951 of 2010 CRMA No. 9397 of 2010 In WPMS No. 961 of 2004 Hon’ble Tarun Agarwala, J. Mr. Lok Pal Singh, Advocate for the petitioner. Mr. Alok Mehra, Advocate for the respondents. Delay condonation application is allowed. Delay in filing the restoration application is condoned. Cause shown is sufficient. The restoration application is allowed. The order dated 05/10/2010 is recalled and the petition is restored to its original number. Having heard the learned counsel for the parties, this Court is of the opinion that the writ petition is not maintainable against the order allowing the amendment application in civil appeal. The writ petition is dismissed at this stage and it would be open to the petitioner to challenge the order allowing the amendment application after the appeal is decided in an appropriate second appeal as per the provision of 105 of the C.P.C. (Tarun Agarwala, J.) Dated 18.11.2010 Shiv