D.N. Patel, J. - (1.) THE present writ petition has been preferred by the original Plaintiff of Title Suit No. 79 of 2007 against the order, passed by the learned Sub Judge I, Garhwa dated 25th November, 2009 whereby, the amendment application, preferred by the original Plaintiff in the plaint has been rejected.
(2.) HAVING heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that the present Petitioner, who is an original Plaintiff, has instituted Title Suit No. 79 of 2007. The Respondents are the original Defendants. It further appears from the facts of the case that the Petitioner (original Plaintiff) wants to brought on record certain registered sale deeds, which are stated in the proposed amendment and therefore, the amendment application was preferred in the plaint.
(3.) THE proposed amendment reads as under: 1. It has been added after the word 8.10.2007 it has been inserted "Sale deed No. 5757 dated 17.7.2004, sale deed No. 8226 dated 18.11.2000, sale deed No. 1104 dated 20.2.2001 & sale deed No. 105 dated 4.1.2001, sale deed No. 7743 dated 1.12.2005". 2. It should be inserted Defendant No. 12 after deleting No. 8. Thus, the aforesaid amendment will affect the very root of the case and therefore, it ought to have been allowed by the trial court. Moreover, they are the registered sale deeds, as claimed by the original Plaintiff.;