( 1 ) THIS revision petition under Section 115 of the Code of Civil Procedure (for short the Code) is directed against the order dated 25 September 1990 of Shri S P. Garg, Sub Judge 1st Class, Delhi dismissing petitioner s/ plaintiff (termed plaintiff hereinafter) application under Order 6 Rule 17 of the Code seeking amendment of the plaint.

( 2 ) THE plaintiff, alleging to be an allottee doing business for over twelve years, filed the suit against the respondent-MCO for perpetual injunction in respect of Stall No. 1 17, Dewan Hall Road, Old Lajpat Rai Market, Delhi for restraining the MCD from dispossessing or demolishing the said Stall otherwise than by due process of law. The suit was instituted on 28 November 1987. Written statement on behalf of the Municipal Corporation of Delhi (termed defendant hereinafter) was filed on 3 November 1988. The defendant denied that the plaintiff was allottee or in occupation for the last twelve years or more or had any right, title or interest in the Stall in question. Instead, the plaintiff was termed as an unauthorised encroacher. On application under Order 39 Rules 1 and 2 of the Code, filed with the suit, the trial Court issued no