- (1.) Heard learned counsel for parties and perused the record.
(2.) By means of instant writ petition, the petitioner has challenged the order dated 07.07.2008, passed by the Additional District Judge/Fast Track Court, Gonda (Opposite Party No. 1) whereby his application for amendment of the plaint at appellate stage has been rejected.
(3.) Facts of the case, in nut-shell, are that the petitioner filed a suit for permanent injunction in the Court of Civil Judge, Junior Division, Gonda in the year 1993, which was registered as Regular Suit No.1036 of 1993, for restraining opposite party no. 2-Chandrika Singh from interfering in his peaceful possession over the property in dispute. Opposite Party No. 2-Chandrika Singh filed written statement on 28.1.1994 denying the allegations made in the plaint and alleged that he is in possession over the property in dispute. Accordingly, survey commission was issued by the Court below and the Survey Commissioner submitted his report which was confirmed subject to other evidence on record. Ultimately, the said suit was dismissed vide judgment and order dated 18.1.2006 (Annexure No. 4). Being aggrieved against the said judgment, the petitioner preferred an appeal, bearing Civil Appeal No. 15 of 2006 (Rajendra Prasad vs. Chandrika Singh) under Section 96 of the Code of Civil Procedure before the District Judge, Gonda.;