Shree Chandrashekhar, J. - (1.) Aggrieved Of Order Dated 19.01.2012 Passed In Title Suit No. 71 of 2002 by which application for amendment in the plaint has been declined, the plaintiff has approached this Court.
(2.) Title Suit No. 71 of 2002 was instituted by Ram Prasad Ram, who is father of the petitioner, for a decree of declaration of his right and title over the suit schedule properties. Sale deed no. 7339 dated 07.07.2001 executed by Govind Ram in favour of Lalita Devi and sale deed no. 7409 dated 07.07.2001 executed by the said Govind Ram in favour of Jaideo Ram were also challenged. The suit schedule properties were comprised under plot no. 485, khata no. 61 admeasuring about 0.41 acres. In the pending suit when evidence of the parties was closed and the suit was posted for final arguments, an application for amendment in the plaint, more particularly in paragraph nos. 9, 18, the schedule of lands and the prayer clause was filed on 14.11.2011. In the written statement the defendants have denied the claim of the plaintiff of his right, title and interest over the suit land. The defendants disputed that the plaintiff was in possession over the suit land. The plaintiff has pleaded that due to lack of knowledge and unavailability of certain documents initially it was not pleaded that 3 decimals land in plot no. 489 was also included in the lands transferred by Govind Ram. The plaintiff has also claimed that during pendency of the suit he was forcibly dispossessed from the suit land in the month of March, 2011 and the defendants constructed a house.
(3.) Mr. Raj Nandan Sahay, The Learned Senior Counsel For the petitioner assailing legality of the impugned order dated 19.01.2012 contends that the trial court has committed a manifest error while rejecting application for amendemnt when it says that the proposed amendment would change the nature of the suit. In fact, the amendments in the plaint were necessitated on account of a subsequent development, i.e., forcible construction of house by the defendants over the suit land.;