SUJIT NARAYAN PRASAD,J. - (1.) This writ petition is under Article 227 of the Constitution of India, whereby and whereunder the order dated 05.02.2019 passed in T.S. No.74 of 2008 by which the petition filed under Order VI Rule 17 dated 18.12.2018 has been rejected is under challenge.
(2.) The brief facts of the case of the petitioner is that the petitioner/plaintiff has filed T.S. No.74 of 2008 for declaration of right, title over the landed property in question, in which his title is on the basis of registered sale deed dated 27.01.1954 which has been said to be purchased by the mother of the plaintiff. The respondents/defendants have appeared and filed the written statement wherein they have claimed their title on the basis of a registered sale deed executed in their favour by the mother dated 23.09.1988 and since then they are in the possession of the land and also making payment of rent to the State of Bihar and thereafter petition under Order VI Rule 17 has been filed for seeking amendment to the effect: "Proposed Amendment (i) That after para 10 a sub para 10 a be added as follows:- "That the defendant claim the suit land on the basis of sale deed dated 23.09.1988 said to have been executed by Bibi Tahira mother of the plaintiff in favour of Md. Khalil. The plaintiff begs to submit the Bibi Tahira has not executed any sale deed in favour of Md. Khalil with respect to the suit land nor Md. Khalil ever came in possession over the suit land even for a moment. The sale deed dated 23.09.88 Deed no.11808 said to have been executed by Bibi Tahira is a fake and forged sale deed which has never been executed by Bibi Tahira and is fit to be declared null and void and not binding of the plaintiff. The plaintiff had no knowledge of the sale deed dated 23.09.88 as Md. Khalil kept it in top secret and the plaintiff for the first time after filing of the suit came to know about the same in the year 2018 when affidavit of the plaintiff this fact came to know after perusal of W.S of the defendant. (ii) That in relief portion after relief no.B a new relief "B B"? added as follows- "That the sale deed of Md. Khalil dated 23.09.88 vide deed no.11808 said to have been executed by Bibi Tahira in favour of Md. Khalil be declare null and void and not binding on the plaintiff. Further it be declared that the sale deed of the deft. Dated 20.02.2008 vide deed no.1075 be also declared null and void and not binding on the plaintiff."? The trial court having rejected the same vide order dated 05.02.2019, this writ petition has been filed invoking jurisdiction of this Court under Article 227 of the Constitution of India.
(3.) Mr. B.V. Kumar, learned counsel for the petitioner has submitted that the trial court has rejected the aforesaid petition mainly on the ground that on such a belated stage the amendment cannot be but according to him amendment can be allowed at any stage of the suit, therefore, the order passed is improper and illegal and is not sustainable in the eye of law and is accordingly fit to be set aside.;