HIFJUR RAHMAN Vs. JAIBUN NISHA

JUDGEMENT

(1.) THE present writ petition has been preferred against the order dated 22.3.2007 passed by Sub-ordinate Judge-I, Chatra, in Title Suit No. 2/2002, whereby and whereunder the learned Sub-ordinate Judge has rejected the Amendment Petition filed by the plaintiffs/petitioners under order 6 Rule-17 of C.P.C.

(2.) THE facts in brief are set out as under :- In a pending Title Suit preferred by the petitioners herein an amendment petition was filed on 1.8.2006 on behalf of the plaintiff/petitioner under order 6 Rule 17 read with Section 151 C.P.C. for a proposed amendment which is set out as under :- SCHEDULE - I Item No. 1. A. That in Schedule 'B' (Viz suit land), at the end of Khata No. 13, plot No. 19 area 2.18 acres and before Khata No. 19 plot No. 45 area 0.41 "Plot No. 97 area 0.31 acre and plot No. 100 area 0.31 acre" be inserted. B. That in Schedule (B), in Khata No. 19, plot No. 180 area 0.40 acre be corrected as "0.47 acres" C. That in Schedule 'B', under Khata No. 37, plot No. 789, 799, 809 be corrected as plot Nos. Rs.78, 79, 80' respectively. D. That in Schedule 'B' under Khata No. 41 plot No. 175 area "0.10 acre" be corrected as Area "0.06 acre". Likewise in Schedule 'B', under Khata No. 43 plot No. 132 area "0.16=" be corrected as "0.06= acres." E. That after end of Khata No. 46 plot No. 142 area 0.13= acre & before "Plot No. 238 area 0.12 acre" "Khata No. 47" be inserted. F. That in Schedule 'B', in Khata No. 50 plot No. 107 "area 0.21" be corrected as "0.06 acres". G. That in Khata No. 54 plot No. 319 area Rs.0.18 acre' be corrected as "area 0.20= acre" and plot No. 122 area "0.20= acre" be corrected as area "0.28 acre". H. That in Khata No. 59, Plot No. 3 area 2.19 acre be corrected as 3.19 acre. I. That Khata No. 59 be inserted in place of "Khata No. 79" plot No. 54 area 1.27 acre and the said Khata No. 79 be remained before plot No. 240 area 11.27 acre of the Schedule 'B'. J. That in Schedule 'B', under Khata No. 85 plot No. 17 area 7.66 acre' be corrected as area "0.15 acres". In the same Khata No. 85 plot No. 247 area Rs.0.25 acre' be corrected as Rs.0.22 acre' and in plot No. 0.36 acre be deleted and in its place area Rs.0.26' acre be inserted. In the end Khata No. 85 plot No. 21, area 6.05 acre, a new plot No. 65 area 2.30 acre be inserted. K. That at the end of Schedule 'B', a new Khata No. 82 plot No. 332 area 0.16 acre be inserted (included) in Schedule 'B' L. that a new Khata vide Khata No. Plot No. Area 57 61 0.03 125 0.15 126 0.02 135 0.50 262 0.09 318 0.40 199 0.04 be inserted after Khata No. 82 and the same be included in Schedule 'B'.

(3.) IT has further been contended that earlier amendment petition was filed which was allowed by this court and again the present amendment petition has been filed by the petitioner/plaintiff which is not permissible.