( 1 ) HEARD counsel for the petitioner and the respondents.

( 2 ) IN this petition the judgment and order dated 3. 10. 1997 passed by the IIIrd Additional District judge, Bijnor, in Civil Revision No. 4 of 1997, dismissing the revision of the petitioner, by which the order and judgment dated 13. 12. 1996 passed by the 1st Additional Civil Judge (Junior division) Bijnor, dismissing the amendment application of the petitioner was upheld, has been challenged.

( 3 ) THE brief facts giving rise to this petition are that a Civil Suit No. 308 of 1988 was filed against the respondent No. 3 in the Court of Civil Judge (Junior Division) Bijnor and the same was transferred to the Court of respondent No. 2. In the written statement (Annexure-3 to the writ petition) filed by respondent No. 2, the defendant in the suit, denied the existence of passage in dispute stating that the petitioner had another approach to his Haveli as per Schedule Ka to the suit from a passage existing towards east, adjacent to the Haveli of Genda and Khawani. The petitioner along with the plaint had moved an application for an ad interim injunction and had also applied for issue of a Commission for pr