Sanjay Karol, J.-Plaintiff has filed the present petition under Article 227 of the Constitution of India, assailing the order dated 2.9.2008 passed by the Addl. District Judge (Fast Track Court), Solan, H.P., wherein the plaintiff’s application for amendment of the aplication filed in Civil Suit No.10FTC/1 of 2007/08 titled as Ashok Chopra v. Neelam Rana, stands dismissed.

2. The plaintiff filed an application dated 25.11.2007 under Order 6 Rule 17 read with Section 151 CPC, seeking amendment of the replication. The defendant/respondent herein opposed the same, inter alia, on the ground that the aplication did not form part of the pleadings, hence, the Court had no authority to pass orders allowing the application.

3. The trial Court dismissed the application on the ground of maintainability for the reason that neither had the plaintiff filed any written application seeking permission nor was any permission granted by the Court permitting him to file the replication. Hence, the replication not being part of the pleadings could not be amended.

4. While holding so, the Court referred to and relied upon the view taken by various High Courts in the following decisions:-

5. Bha