O. K. SETH, J.

( 1 ) THE plaintiff-petitioner in this petition had filed a suit being Original suit No. 297 of 1996 for injunction restraining the respondent No. 3 from raising any construction over the abchak land in the south of the petitioners house and from encroaching thereupon, in any manner. The said suit was filed in the Court of Civil Judge, junior Division, Moradabad. In para 2 of the plaint, it was alleged that on the southern side of the house of the petitioner there is Abchak which is about one meter wide and twenty three meters long and upon which the petitioner is discharging water through his drainage from long before. In para 11 of the plaint, he has claimed that he has easementary right to discharge water on the said abchak. The suit was simple suit for injunction against the private defendant. This amendment was disallowed by the learned trial Court by an order dated 18. 9. 1996. Against the said order dated 18. 9. 1996 a revision was moved being Civil revision No. 126 of 1996. By an order dated 28th May. 1997 the said revision was dismissed and the amendment was disallowed. It is against these orders the present writ petition has been moved.

( 2 ) SRI Ved Byas M