This writ petition is filed being aggrieved by the order dated 9-102006 wherein the application filed by the respondent for amendment of the eviction petition filed under Section 27(2)(m), (q) and (r) of the Karnataka Rent Act, 1999 to include the additional prayer for eviction under Sections 31(1)(c) and 45 of the Act as the respondent has become a senior citizen during the pendency of the petition, has been allowed.

2. I have heard the learned Counsel for the petitioner. The learned Counsel submitted that the provisions of Order 6, Rule 17 only provides for amendment of the pleadings and not the amendment of law and further submitted that if the petition is filed under Section 31(1)(c) of the Act claiming the benefit of senior citizen, the provisions of Section 45 of the Act would not be applicable and the order has been passed under Section 45 of the Act and having taken the advantage of the said provisions, the petitioner cannot invoke the provisions of Section 31 of the Act. Learned Counsel also submitted that the order passed allowing the amendment would prejudicially affect the petitioner herein. It is well-settled that the application for including the additional grou