SHYAMAL KUMAR PASARI Vs. JAMUNA BEN

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite parties.

(2.) This petition has been filed under Article 227 of the Constitution of India for quashing of the order dtd. 20/9/2022 passed by learned Additional Civil Judge (Junior Division), West Singhbhum at Chaibasa in Original Suit No.03 of 2020 corresponding to Misc. Civil Application No.06 of 2020 whereby the petition under Order VI Rule 17 read with Sec. 151 of the Code of Civil Procedure, 1908 for making necessary amendment in the plaint has been rejected. Further prayer is made to allow the petition to make out correction in the plaint.

(3.) Learned counsel appearing for the petitioner submits that the Original Suit No.03 of 2020 was instituted for recovery of possession and declaring the right title interest which was decided by the judgment/decree dtd. 23/3/2010 which was challenged by the defendants in the Title Appeal No.07 of 2010 and the said was decided by the judgment dtd. 22/3/2017 whereby the judgment/decree was set aside and the suit was remanded back to decide afresh by the learned trial court. He submits that a formal prayer was made by way of filing the said petition under Order VI Rule 17 of the CPC for correction of the area of the land in question, however, the plot number and khata number are similar. He submits that the nature of the suit will not be changed if the said prayer is allowed, however, the learned Court has rejected the same.