Sudhir Agarwal,J.

1. Heard Sri Rajeev Sharma, learned counsel for the petitioner and perused the record.

2. The petitioner has filed application for getting his plaint amended, which has been rejected by Trial Court i.e. Additional Civil Judge (Senior Division), Court No. 2, Muzaffar Nagar vide order dated 02.4.2013 and thereagainst revision has also been filed, which has been dismissed by Additional District Judge, Court No.1, Muzaffar Nagar vide order dated 06.9.2014.

3. Learned counsel for the petitioner contended that amendment is the statutory unfettered right of plaintiff to seek at any stage and it cannot be denied. He further submitted that amendment can be denied by applying proviso to Order VI, Rule 17 C.P.C. at the stage when evidence commence and not before that.

4. From the pleadings of the writ petition, it is evident that after exchange of pleadings, issues have been framed and dates for recording evidence of parties have also been fixed. The Trial Court's order shows that on 08.8.2008 issues were framed and thereafter the Court fixed date for recording evidence. In fact evidence also commenced and partial evidence of plaintiff has been recorded. This is evident