Shree Chandrashekhar, J. - (1.) Aggrieved of order dated 12.05.2014 passed in Eviction (T) Suit No.21 of 2007 by which amendment in the plaint, in particular, in the schedule of property has been allowed, the defendant has approached this Court.
(2.) The petitioner is the defendant in the suit which was instituted by the plaintiffGEL Church for his ejection from the suit schedule property. The defendant filed his written statement on 29.11.2007 and after the plaintiff closed its evidence on 29.01.2010 an application for amendment in the plaint was filed. The defendant in his objection to the application for amendment has pleaded that by that time he had already examined two witnesses.
(3.) Contending that by amendment in the plaint the plaintiff intends to change the schedule of property which cannot be permitted after the plaintiff examined its witnesses, Mr. V. Shivnath, the learned Senior counsel for the petitioner submits that the trial Judge has exercised a jurisdiction not vested in it while allowing the application for amendment in the pleading.;