JUDGMENT :

1. The present writ petition is filed against the impugned order dated 16.02.2008 passed by Civil Judge, Junior Division (East), Jaipur City, Jaipur wherein the application for amendment of plaint under Order 6 Rule 17 read with Order 1 Rule 10 of the Code of Civil Procedure, filed by the respondent-plaintiff in Civil Suit No. 528/1994 was allowed.

2. Learned counsel for the petitioner-defendant has submitted that the respondent-plaintiff Dayal Singh had filed a civil suit against the petitioner-defendant for permanent injunction in 1992 wherein the petitioner-defendant had filed his written statement and had categorically denied all the averments made in the plaint by the respondent-plaintiff. Moreover, along with the said plaint, the respondent-plaintiff had also moved an application for temporary injunction against the petitioner-defendant. However, vide order dated 04.05.2007, the said application was dismissed by the learned Trial Court. Thereafter, the respondent-plaintiff filed an application under Order 6 Rule 17 read with Order 1 Rule 10 of the Code of Civil Procedure for the amendment of his plaint with a prayer that the petitioner-defendants be directed to deliv