Sujit Narayan Prasad, J. - (1.) This writ petition is filed under Article 227 of the Constitution of India, whereby and whereunder, the order dated 08.02.2018 passed in Title Appeal No.01 of 2010 is under challenge by which petition dated 29.01.2018 has filed under the provision of Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, has been rejected.
(2.) The brief facts of the case is that a title suit had been filed on 03.01.2002 being Title Suit No.3 of 2002 for grant of a decree of declaration that the sale deed dated 12.11.1999 executed in favour of the petitioner no.1 in respect of the suit land is invalid, illegal and fraudulent. The aforesaid title suit has finally been decided by virtue of the judgment and decree dated 30.11.2009 passed by the Munsif, Palamau holding inter alia therein that the sale deed was obtained by fraudulent method to pay the considered money.
(3.) The petitioners being aggrieved and dissatisfied with the judgment passed in the Title Suit No.3 of 2002, preferred an appeal before the learned District Judge, Palamau, being Title Appeal No.1 of 2010. On 29.01.2018 the petitioners have filed a petition under the provision of Order VI Rule 17 read with Section 151 of the Code of Civil Procedure with a prayer for amendment by incorporating new Para-17(Ka) in their written statement to the effect that the defendant No.1 purchased the premises measuring an area of 22 1/2 decimals from the plaintiff No.4 vide registered sale deed dated 12.11.1999 and after purchase, she has been in possession thereof and that the provision of Section 46 of the Chhotanagpur Tenancy Act, is not applicable in the Chhapparbandi land. A rejoinder to the aforesaid petition was filed by the respondent/defendant opposing the prayer for amendment, stating therein that there was no plea that the sale deed covers land with the residential house, the appellate court has rejected the petition dated 29.01.2018 on the ground that the nature of amendment as sought for, it is not relevant for the purpose of adjudication of the appeal as a sale deed in question was under challenge and such challenge was within the knowledge of the defendant/petitioners against the aforesaid order, the present writ petition has been filed and invoking the jurisdiction conferred to this Court under Article 227 of the Constitution of India.;