S.J.MUKHOPADHAYA, J. - (1.) THIS petition under Article 227 of the Constitution of India has been preferred by defendant/petitioner against the order dated 24th April, 2005 passed by the learned Sub -Judge, IVth, Dhanbad in Title Suit No. 51 of 1997, whereby learned Court below allowed the plaintiff/respondent to make necessary amendment in the plaint.
(2.) THE main grievance of the petitioner is that the aforesaid amendment of plaint has been allowed at the final stage of argument, which may give fresh cause of action and may change the nature of the suit. From the pleadings made by the petitioner and the enclosures attached to the writ petition, it appears that the Title suit No. 51 of 1997 was preferred by plaintiff/respondent for declaration of title, recovery of possession and permanent injunction against the defendant in respect to the suit land, as shown in Schedule. At the stage of argument, a petition was filed by the said plaintiff/respondent for amendment of plaint, including the part of Schedule - B.
(3.) THE copy of the plaint has been enclosed. From the said plaint, it appears that the land, as mentioned in Schedule - A of the plaint, was stated to be of proforma 4th Defendant, Smt. Shammi Rani @ Smt. Rekha Rani, who was stated to be rightful owner, having purchased the said schedule land from Smt. Manisha Singh by registered sale deed No. 4895, dated 18th May, 1985. At paragraph -12 of the plaint, it was pleaded that the proforma 4th defendant sold 2 kathas of land out of Schedule -A land of the plaint to plaintiff/respondent herein by registered sale deed No. 3567, dated 1st April, 1986 for valuable consideration as indicated above and described in Schedule -B of the plaint. It was further pleaded that the plaintiff/respondent was in actual peaceful, undisturbed physical possession thereof. At paragraph - 22 of the plaint, while cause of action of the suit was shown to be 23rd September, 1985, it was pleaded that the said cause of action was continuing from day to day within the jurisdiction of the Court below. In Schedule -B of the plaint, it was mentioned that out of Schedule -A land being raiyati land in District of Dhanbad, P.S. Dhanbad, Mouja -Hirapur No. 7, Pargana -Jharia Chouki, Sadar Registry Office Dhanbad in Khata No. 136, Plot No. 3218 area 2 Kathas together with boundary walls, structure etc. butted and bounded, as shown in Schedule -B. At paragraph -12 of the plaint, it was pleaded that Schedule -B land was purchased by registered sale deed No. 3567, dated 1st April, 1986 and at paragraph -22, it was pleaded that the cause of action was continuing from day to day. To make it specific, a petition for amendment was filed. In the said petition, under Order VI Rule 17 read with Sec.151 CPC, the plaintiff/respondent herein intended to amend the plaint in the following manner : "(i) In para 22 of the plaint in second line after dated 23.9.1985 the words "and 1.4.1986 being the date of purchase of Schedule -B land" and before the word "and" be added. In Schedule -B portion, the following amendment was sought for : "In para 22 of the plaint is second line after dated 23.9.1985, the word "and 1.4.1986 being the date of purchase of Schedule -B land" before the word "and" be added." ;