SHREE CHANDRASHEKHAR,J. - (1.) Aggrieved of order dated 03.06.2017 passed in Title Suit No. 267 of 2014 whereby an application under Order 6, Rule 17 CPC for amendment in the schedule 'A' land has been rejected, the petitioner has approached this Court.
(2.) Title Suit No. 267 of 2014 was instituted for declaration of plaintiff 's title and her possession over the suit property and for a declaration that the sale deed dated 08.05.1968 is illegal, void and collusive and thus, not binding upon the plaintiff. A prayer for grant of permanent injunction was also made by the plaintiff. The plaintiff has pleaded that the properties situated at Mauza Behlatand, mouza No. 89, P.S. Barwadda (Old Govindpur) under Khata no. 63 was recorded in the name of Bandhu Mahato and Banomali Mahato. Prior to preparation of CS Record of Rights, it is pleaded that, by an amicable settlement the parties' shares were determined and they came in possession of their respective shares. Koka Mahato died sometime in the year 1967 and after his death his wife namely, Smt. Kalawati Devi left the house and she contracted a second marriage with Hari Mahato and thus, she had no concern with the plaintiff in any manner whatsoever. The plaintiff has claimed rightful ownership and possession over schedule 'A' properties by pleading that she had been growing paddy over the said property.
(3.) The defendants appeared in the suit and resisted the claim of the plaintiff. Before the plaintiff 's witnesses were examined, an application dated 07.07.2015 for amendment in the schedule of land for correcting area of land and the plot numbers, 28 in number, was filed. This application was allowed vide order dated 17.12.2015. Thereafter, the plaintiff after examining five witnesses, filed another application under Order 6, Rule 17 CPC for correction in description of Item No. 1 in Schedule 'A' properties and for deleting the plots given under Item No. 2. The proposed amendment in the application dated 20.03.2017 reads as under : "It is therefore prayed that your honour would be graciously pleased to pass order for amendment of the plaint by inserting the Item No. I in the Schedule of the plaint and deleting the plots as given item no. II on the facts and circumstances as prayed for as other your petitioner would cause serious prejudice prayer. And for this your petitioner shall ever pray. That the proposed amendment Item No. I Mouza-Bhelatand, Mouza No. 89, Khata No. 63, Plot No. 1063, Area 27 dec. out of 28 dec. Plot No. 2241, Area 12 dec. out of 25 dec. And Khata No. 81 Plot No. 881, Area 18 dec. out of 37 dec. Plot No. 889, Area 11 dec. out of 21 dec. Plot No. 862, Area 14 dec only Plot No. 863, Area 12 dec. Plot No. 893, Area 20 dec. Plot No. 892, Area 06 dec. out of 12 decimals Item No. II Khata No. 63 Mouza-Bhelatand (89) Plot Nos. 1057, 1022, 1730, 1501, 1503, 1504, 1508, 2027, 2029, 2933 and 1733." ;