JITAN MAHATO Vs. KISHUN SAO

JUDGEMENT

(1.) The petitioner, who is the plaintiff in Title Suit No.133 of 2000, is aggrieved of order dated 27.07.2017 by which his application for amendment has been rejected.

(2.) Title Suit No.133 of 2000 has been instituted for a decree for declaration that the plaintiff and the proforma defendant nos.8 to 14 have valid right, title, interest and possession over the schedule 'B' land and for a decree for confirmation of their possession over schedule 'B' land.

(3.) During the trial,the plaintiff filed an application on 07.05.2015 seeking amendment in the schedule 'B' land by incorporating boundaries to schedule 'B' which was allowed by order dated 22.07.2016. After the plaintiff's evidence was closed and most of the defendants' witnesses were examined; the learned counsel for the petitioner states that now the defendants' evidence has been closed, the application dated 21.12.2016 seeking amendment in the schedule 'B' was again filed. The trial judge observing that witnesses of both the sides have been examined in support of the rival claims and moreover once the application for amendment in the schedule 'B' was permitted vide order dated 22.07.2016 a second amendment application cannot be entertained, dismissed the present application for amendment on 27.07.2017.