Honble KOKJE, J. – Heard Mr. Dinesh Maheshwari on admission.

(2). This is a petition challenging an Order allowing an application under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as `the Code) filed by the plaintiff proposing an amendment in the plaint adding new ground of eviction or the basis of need of the Grand son of plaintiff No. 1 and son of plaintiff No. 2 who had come of age during the pendency of the suit.

(3). The amendment was opposed by the defendant-petitioner on the ground that the nature of the suit would be changed by the amendment as originally the suit was only on the ground of default of payment of rent. It was also contended that instead of filing a fresh suit, the original cause of action itself was being substituted by a different cause of action.

(4). Normally, such revision petitions against allowing an amendment in the plaint are disposed of by passing a short Order that it is within the jurisdiction of the trial Court to allow or not to allow an amendment application and the discretion exercised by the trial Court is not normally interfered with. However, as the learned counsel for the petitioner has raised a legal point, I am pa

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