ORDER

1. By an order dated 27th of August, 2007, we issued notice in the present special leave petition and granted interim stay of all further proceedings in Suit No.M-73/2007 pending before the Additional District Judge, Delhi. In compliance with our notice, the respondent has entered appearance. Counter affidavit has already been filed. Learned counsel appearing on behalf of the petitioner submitted that no rejoinder affidavit is required to be filed and the matter can be disposed of. Such being the stand taken by the learned counsel for the parties, we grant leave and take up the hearing of the appeal.

2. This appeal relates to rejection of an application for amendment of plaint filed at the instance of the plaintiff/appellant in a suit for eviction, mesne profit and for mandatory injunction. The suit was, however, decreed ex-parte and an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree was rejected by the trial court as well as by the High Court, but the orders of the trial court as well as of the High Court were set aside by this Court and the suit was restored to file. When the suit was restored to file, the plaintiff/app