- (1.) Leave granted.
(2.) This appeal is directed against the order dated July 13, 2006, passed by the High Court in W.P.(C) No.2325 of 2006. It is a brief and non-speaking order by which the High Court dismissed the writ petition and affirmed the order passed by the trial court which, in turn, had rejected the appellant"s petition under Order 6, Rule 17 of the Code of Civil Procedure ("CPC" for short) for amendment of the suit property as described in the Schedule to the plaint.
(3.) The material facts are brief and simple. In the year 2002, the appellant filed a suit, inter alia, seeking permanent injunction restraining the respondents-defendants from interfering with her rights over the suit property and further directing them not to build or demolish the building already existing on the suit land. In the Schedule to the plaint, the description of the suit premises was given as follows : "Southern half portion of measuring an area of 1937.97 sq.feet = 0.04.448 acres or 0.04.9/20 acres bearing at present holding Nos.304, before that 275 and presently 201, Ward No.IV(Old) New 13, of GiridihMunicipality having double storied house together the land over which it stands bounded as follows :- The defendant-respondents filed their written statement in which objection was especially taken to the description of the suit property as given in the plaint. On behalf of the respondents it was stated that the area of land that might possibly be the subject matter of any dispute was much smaller and the plaintiff had described properties lawfully belonging to them as the suit property. No rejoinder to the written statement was filed on behalf of the plaintiff and on the basis of the pleadings issues were framed on August 13, 2002. Thereafter, the proceedings in the suit remained in abeyance but on August 5, 2002, the appellant-plaintiff filed a Misc. Petition under Order 39, Rule 2(A) read with Section 151 C.P.C. (registered as Misc.Case No.28/2002) for alleged breach of an interim injunction earlier granted in her favour. In that proceeding, the husband of the plaintiff was examined as one of the witnesses. In course of his cross-examination, it was repeatedly put to him that he did not have any idea of the suit land and that he would not claim all the area mentioned in the Schedule to the plaint but the plaintiff"s claim would be only over one decimal of land. It was also suggested to him that the rest of the land admittedly belonged to the defendants and further that any alleged dispute between the parties could only be over a very limited area and not the entire property as stated in the Schedule to the plaint. The witness (the appellant"s husband), however, denied the suggestions made on behalf of the defendants and stuck to the stand that the disputed property was correctly described in the plaint and that was the subject matter of the suit. Later, on September 29, 2004, the amendment petition was filed that gives rise to the present appeal. In the amendment petition it was stated that due to inadvertence the suit land was wrongly described in the Schedule to the plaint and the mistake required to be corrected. It was further stated that, as a matter of fact, one decimal equivalent to 9 chhatak by standard measurement, i.e., 414 square feet of land (along with some structure) was the subject matter of the suit. Accordingly, it was prayed that from the description of the suit property in the plaint the opening words "southern half portion of measuring an area of 1937.97 square feet = 0.04.448 acre or 0.04.9/20 acres" be deleted and substituted by the following : "1 decimal (one decimal) equivalent to about 9 chhatak (Nine chhatak) by standard measurement that is 414 square feet land alongwith old double storied house consisting of four rooms, two rooms in ground floor and two rooms in first floor and one verandah towards west that is in road side covered with cogurated sheet, a stair case for going to upper floor rooms." bearing at present holding number No.304.;