RAJESH SHANKAR,J. - (1.) he present writ petition has been filed for quashing order dated 06.06.2019 (Annexure-5 to the writ petition) passed by the Additional Civil Judge (Jr. Divison)-II, Gumla, in Title Suit No. 23/2009, whereby an application under Order VI Rule 17 CPC filed on behalf of the plaintiffs for amendment in paragraph-1 and the Schedule-B of the plaint, wherein area of the land in question and the description of khata and plot number were wrongly mentioned due to the typographical mistake as well as to add some more plots, has been rejected.
(2.) Heard the learned counsel for the petitioner and perused the contents of the writ petition. The plaintiffs including the petitioner filed Title Suit No. 23/2009 in the court of Munsiff, Gumla seeking decree of khas possession of the land mentioned in Schedule-B of the plaint. A written statement was filed on behalf of the defendants in the year 2010 specifically denying that they were not concerned with the plots mentioned in Schedule-B of the plaint. Pursuant thereto, an application under Order VI Rule 17 CPC was filed on behalf of the plaintiffs on 24.08.2013 seeking following amendments in the plaint: "1. That in this suit the land of this suit is under Khata No. 76 and total area is 10.29 Dec. 2. That due to typing mistake in Para 1 in line 2 of the plaint after the word total area of "20.29 Dec." has been wrongly typed in place of area of "10.29 Dec." 3. That in Schedule-B of the plaint due to typing mistake Khata No. "66" has been wrongly typed in place of Khata No. "76" and Plot No. "773" has been wrongly typed in place of Plot No. "713", and after the word out of "2.31 Dec." has been wrongly typed in place of "0.31 Dec." and in Plot No. 730 area "0.27 Dec." has been wrongly typed in place of area "0.29 Dec." and Plot No. 735 has been wrongly typed in place of 733. 4. That due to typing mistake in Schedule B of the plaint following plots have not been typed after Plot No. 758. "Plot No. 527 Area 0.24 Dec." "Plot No. 759 area 0.15 Dec. out of 0.30 Dec." "Plot No. 760 area 1.08 Dec." "Plot No. 764 area 0.03 Dec." "Plot No. 822 area 0.74 Dec." "Plot No. 763 area 0.05 Dec." "Plot No. 620 area 0.50 Dec." and "Plot No. 719 area 0.24 Dec." be allowed to be added. 5. That in the relief portion of the plaint in para-1 after the word plaintiff's title thereto- "Khas possession be given to the plaintiff" be also allowed to be added."
(3.) In the present case, the plaintiffs, by way of filing an application under Order VI Rule 17 before the court below, stated that in Schedule B of the plaint, the plot numbers and area of some plots have been wrongly typed as also some plots have not been typed. It was contended that all these mistakes have occurred due to typographical error and that the proposed amendments were formal in nature and would not change the basic structure of the plaint.;