Jaswant Singh, J.

1. Petitioner-plaintiff, by filing the present revision petition under Article 227 of the Constitution of India, has prayed for setting aside orders dated 17.9.2008 passed by the learned Civil Judge (Junior Division), Hisar whereby his application under Order 6 Rule 17 CPC for amendment of the plaint has been dismissed.

2. The facts are that the petitioner-plaintiff filed a suit on 6.11.2006 for mandatory injunction seeking direction to the respondents-defendants to fill up the earth in the trench, which was dug up by them near/adjacent to the northern wall of the house of the plaintiff and further for permanent injunction restraining them not to dig any khai or to cause damage to the foundation of the house of the plaintiff, in any manner. Along with the suit, an injunction application under Order 39 Rules 1 & 2 CPC was also filed. Defendants-respondents appeared and contested the suit. The interim injunction application of the petitioner-plaintiff was dismissed and appeal filed against the same was allowed by the learned Appellate Court. In pursuance of the directions of the learned Appellate Court, it is stated that the respondents- defendants have fill