Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 227 of the Constitution of India wherein order dated 06.04.2018 passed in T.S. No.60 of 2015 has been challenged whereby and whereunder petition filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure has been rejected whereby and whereunder the following five amendments have been sought for. "1. The work "decimal" appearing in the second line of Paragraph 2 of the pliant be replaced by the word "acre". 2. The words "above mentioned" be inserted in between the word "The" and "Land" appearing in the 4 th line of Paragraph 2 of the plaint. 3 The work "land and possession of the plaintiff" appearing in the 1 st line of Paragraph 14 th of the plaint be replaced by the words "plaintiff's title and possession of the suit lands the defendant". 4 The following be added to Paragraph 16 th of the plaint. "The alleged sale deed bearing deed No. 5000 dated 16 .06. 1961 relied upon and referred to by the defendants in their written statement is not legal, valid, genuine, operative binding and enforceable document, rather, the same is forged, fabricated, collusive and fraudulent one, and the same has not been executed and registered by a person having vendible right, title, interest, owner ship and possession of the land mentioned therein i.e. the suit land. The person named in the said sale deed dated 16. 06. 1961 as vender was devoid of capacity, competency and authenticity to execute and registered the said sale deed for the reasons that the survey record tenants of the land mentioned there in i.e. the land of suit plot No. 132 under suit Khata No. 125 namely Dhundha Sonar and Budhan Sonar died issueless and their respective wives had predeceased them and they were maintained in their old age by the plaintiff's grand father Ramdeyal Sonar and they had already divested themselves from their all right, title, interest, ownership use occupation and possession thereof during their life time by selling, transferring, conveying and delivery of possession thereof to plaintiff's grand father Ramdeyal Sonar in terms of khushki kewala dated Maghsudi 8 Roj Sambat 1995 Sal executed in favour of plaintiff's grand father Ramdeyal Sonar and Ramdeyal Sonar got indefisable title to and actual, physical possession of the suit land on the very date of his purchase thereof. Ramdeyal Sonar became absolute owner and exclusive possession of the suit land. He continued with his title or possession of suit land so long he remain alive and after his death the same developed first upon his son and thereafter his grand son i.e. the plaintiff and the suit land presently is under absolute owner ship and actual possession of the plaintiff. 5 The following be added to relief no. (b) of the plaint "plaintiff possession of the suit land also be recovered by evicting the defendants or any body claiming possession thereof through the defendants from the suit land and putting the plaintiff in khash possession of the suit land through the process of the court".
(2.) Mr. Pratyush Kumar, learned counsel for the petitioner at the outset has submitted that he is not pressing the amendment sought for as contained in paragraph 4 and 5 of petition under Order VI Rule 17 as annexed under Annexure-4 to the writ petition, however, he has pressed the amendment sought for as paragraph 1, 2 & 3 contained therein.
(3.) Learned counsel for the petitioner submitted that the trial Court while rejecting the amendment sought for to the effect that the word "decimal" appearing in the 2nd line of the paragraph 2 of the plaint be replaced by the word "acre" and the word "above mentioned" be inserted in between the word "The" and "Land" appearing in the 4th line of paragraph 2 of the plaint and the word "land and possession of the plaintiff" appearing in the 1st line of the paragraph 14th of the plaint be replaced by the words "plaintiff's title and possession of the suit lands the defendant".;