IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 394 of 2007 (M/S) Trilok Singh …… Petitioner Versus Lakhi Ram Semwal and another …… Respondents …….. Mr. Ramji Srivastava, Advocate for the petitioner. Mr. Parikshit Saini, Advocate for respondent no. 1. Mr. Bindesh Kumar Gupta, Addl. Advocate General for the State. Hon’ble V.K. GUPTA, C. J. Counter affidavit on behalf of respondent no. 1 has been filed, which is taken on record. By the impugned order, the learned Court below has rejected the petitioner’s application for amendment of the plaint. I have heard the learned counsel for the parties and perused the copy of the plaint as well as notice dated 7th September, 2001 sent to respondent no. 1 by Shri J.P.Sah, Advocate on behalf of the petitioner. I have also perused the impugned order. It is a fact that despite sending the aforesaid notice, the petitioner- plaintiff did not claim the relief for eviction in the suit filed by him against respondent no. 1. It is also a fact that for six long years, the amendment sought was not prayed for. The suit was filed in the year 2001 and the application for amendment of the plaint was filed in the year 2006. Despite the aforesaid, in my considered opinion, the interest of justice demands that the plaintiff-petitioner be permitted to carry out the amendment by inserting and incorporating the relief relating to the eviction of respondent no. 1 from the shop in question. Of course, in answer to the amended plaint, respondent no. 1-defendant shall be entitled to file amended written statement in which all pleas and the defences relating to and arising out of the amended plaint can be raised and taken. The amendment of course would be subject to payment of costs. 2 The petition is allowed. The impugned order is set aside. The petitioner plaintiff is permitted to amend the plaint to the extent indicated in the application for amendment. The amended plaint shall be filed in the trial Court in two weeks from today. This shall be subject to petitioner–plaintiff’s paying Rs. 3000/- (Rupees Three Thousand only) as costs to respondent no. 1 defendant. The amended written statement shall be filed in three weeks from the date of receipt of copy of the amended plaint. Time shall not be extended. (V. K. Gupta, C. J.) 05.08.2008 A