- (1.)AT request of the parties, final arguments were heard and writ petition is being disposed of.
(2.)THE plaintiff-petitioner filed a suit for injunction in respect of property in dispute praying therein that the defendants may be restrained not to evict the plaintiffpetitioner therefrom without following due process of law; it was alleged that during the pendency of the suit the the defendants have forcefully evicted the plaintiff-petitioner from the property in dispute; therefore, he moved an application for amendment in the suit under Order 6 Rule 17 read with Order 1 Rule 10 cpc, which has been dismissed by the trial court vide order dated 23rd January, 2008; being aggrieved with the same, the present writ petition has been preferred.
(3.)LEARNED counsel for petitioner contended that the suit for injunction was filed on 12th december, 2005 wherein interim injunction order was passed on 15th December, 2005 but still the plaintiff-petitioner was dispossessed on 28th january, 2006; therefore, he moved an application for amendment in the plaint seeking relief for restoration of possession, which has wrongly been dismissed by the trial court, therefore, the impugned order be set-aside and the application be allowed.