Shree Chandrashekhar,J. - (1.) Aggrieved by order dated 04.01.2012 in Title Suit No. 99 of 1994, the present writ petition has been filed.
(2.) The petitioner is defendant no. 2 in Title Suit No. 99 of 1994 which was filed seeking declaration of title with respect to suit schedule property and for a decree of recovery of possession by directing defendant no. 2 to remove encroachment. In the title suit, the defendants appeared and filed written statement resisting the relief sought by the plaintiff. When the suit was at the stage of final argument, application dated 20.12.2011 was filed by the plaintiff under Order 6, Rule 17 CPC seeking incorporation of the following prayers: "A. That in para 4 at page 5 of the plaint after the word 'the' and before the word land, the word "suit" be changed by the word "said", thereafter in the same line after the word 'land' and before the word 'still' the following be added as follows: "and as such the defendant No. 2 removed his encroachment and possession over the land of plot No. 49/580, plot no. 50, 1.20 acres out of 1.050 acres of plot No. 51/589 during pendency of the suit, now the members of the society besides others namely Udai Shankar Pandey s/o late Chandra Shekhar Pandey, Prakash Chandra Dubey s/o Sushil Chandra Dubey, Ishwar Kumar Verma, Krishna Kumar Mishra, Kameshwar Tripathi, Saroj Prasad, Jai Gopal Rai, and Ramanuj Tiwari are in peaceful possession over the said land of plot not. 51/589 on the basis of purchase through registered sale-deed Nos. 8107, 4865, 1850, 4864, 111470, 2229, 4867 and 5061. It is submitted that the above said purchases have also constructed their residential house, boundary wall and are paying rent to the state of Jhrkhand. (B). That in para 4 at page 5, 18th line, the word Schedule 'A' be changed as Schedule 'B', i.e. the suit land thereafter in para 6 of the plaint where the word "schedule 'A'" is written, the same be changed as the word "schedule 'B'". (C) That in para 10(a) 2nd line and 11 line, after the word 'suit land' the following be added " described in schedule 'B' to the plaint". (D) That after the end of schedule 'A. the following be added as follows: "Schedule 'B' suit land: Land of khata No. 101 A, survey Khata No. 110, of village Sarley, P.S. and district Hazaribag, Plot no. 51/589 area 0.20 acres out of 1.50 acres Bounded as- North-Own land of Society plot no. 51 South-Portion of land of plot no. 51/589 East-Land of Society of plot no. 50 West-Portion of land of plot No. 51."
(3.) Application dated 20.12.2011 was opposed by the defendant no. 2 by filing rejoinder dated 22.12.2011 contending that the proposed amendment would change the nature of the suit and at such belated stage proposed amendments cannot be allowed. The Trial Court however, vide order dated 04.01.2012 allowed application dated 20.12.2011. Aggrieved, the defendant no. 2 has approached this Court.;