1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.4410 of 2009. Balmukand son of Shri Banshidhar VERSUS Dr. Laxmi Kant Sharma (L.K.Sharma) son of Shri Vishnu Dutt Sharma Date of Order :::: 24/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. Gajender Sharma, Advocate for Mr. Biri Singh Sinsinwar, Counsel for the Petitioner. Mr. H.S. Khandelwal, Counsel for the Respondent Per Court : Heard learned counsel for the parties. The petitioner is aggrieved by the two orders, one on the application submitted by the respondent under Order 7 Rule 11, C.P.C. and another on the application submitted by the petitioner under Order 6 Rule 17, C.P.C. The learned trial Court by the impugned order has accepted the application submitted under Order 7 Rule 11, C.P.C. and rejected the plaint and passed the decree to that effect on 18.08.2007, which is available at Page No.28 of the paper-book. In that view of the matter, the petitioner is entitled to file a regular appeal against the passing of the aforesaid 2 decree. So far as the rejection of the application under Order 6 Rule 17, C.P.C. for amendment of the plaint is concerned, no doubt, the same is not an appealable order, but in view of the dismissal of the suit and the passing of the decree on 18.08.2007 the petitioner has a remedy of assailing the same in the grounds of appeal that the petitioner may raise in any such appeal preferred against the decree dated 18.08.2007. In that view of the matter, this writ petition is not maintainable and accordingly this writ petition is disposed of as such. Liberty is, however, granted to the petitioner to file an appeal, as indicated above, if so advised. The Registry is directed to return the certified copies and the documents, filed by the petitioner, along with this writ petition after retaining the Photostat copies of the same on record to enable the petitioner to file the appeal. The petitioner would be entitled to seek condonation of delay so far as the filing of the appeal is concerned in accordance with law. This writ petition is accordingly disposed of. The application bearing No.25398 submitted by the respondent raising preliminary objections with regard to the maintainability of the writ petition is accordingly allowed and also disposed of. (Dalip Singh) J. ashok/