KERIA MAHATAIN Vs. MAHESHWAR MAHATO

JUDGEMENT

(1.) Aggrieved of order dated 03.06.2017 passed in Title Suit No. 267 of 2014 whereby an application under Order 6, Rule 17 CPC for amendment in the schedule 'A' land has been rejected, the petitioner has approached this Court.

(2.) Title Suit No. 267 of 2014 was instituted for declaration of plaintiff 's title and her possession over the suit property and for a declaration that the sale deed dated 08.05.1968 is illegal, void and collusive and thus, not binding upon the plaintiff. A prayer for grant of permanent injunction was also made by the plaintiff. The plaintiff has pleaded that the properties situated at Mauza Behlatand, mouza No. 89, P.S. Barwadda (Old Govindpur) under Khata no. 63 was recorded in the name of Bandhu Mahato and Banomali Mahato. Prior to preparation of CS Record of Rights, it is pleaded that, by an amicable settlement the parties' shares were determined and they came in possession of their respective shares. Koka Mahato died sometime in the year 1967 and after his death his wife namely, Smt. Kalawati Devi left the house and she contracted a second marriage with Hari Mahato and thus, she had no concern with the plaintiff in any manner whatsoever. The plaintiff has claimed rightful ownership and possession over schedule 'A' properties by pleading that she had been growing paddy over the said property.

(3.) The defendants appeared in the suit and resisted the claim of the plaintiff. Before the plaintiff 's witnesses were examined, an application dated 07.07.2015 for amendment in the schedule of land for correcting area of land and the plot numbers, 28 in number, was filed. This application was allowed vide order dated 17.12.2015. Thereafter, the plaintiff after examining five witnesses, filed another application under Order 6, Rule 17 CPC for correction in description of Item No. 1 in Schedule 'A' properties and for deleting the plots given under Item No. 2. The proposed amendment in the application dated 20.03.2017 reads as under :