SANJAY PAUL Vs. RAKESH CHANDRA DAS

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder the order dated 13.06.2018 passed in Title Appeal Case No.11 of 2014 by the District Judge-IX, Jamshedpur as contained in Annexure-4 whereby and whereunder a petition dated 02.04.2018 filed under Order VI Rule 17 of the Code of Civil Procedure, has been rejected on the ground that the petitioner has failed to satisfy the trial court that as to why the amendment sought for has not brought on record at the time of filing of the plaint.

(2.) The brief facts of the case of the petitioner is that the Title Suit has been preferred being Title Suit No.11 of 2008 with a prayer for a decree for declaring the right, title and interest of the plaintiff/petitioner of party with respect to Stall No.31-C/1 measuring 8' x 10' tin-shed stall premises situated at Muri Line, Sakchi, P.S. Sakchi, Town Jamshedpur, District Singhbhum East, he having lost in the suit and as such he has preferred an appeal being registered as Title Suit No.11 of 2014.

(3.) The petitioner at the stage of appeal, has filed a petition on 02.04.2018 under the provision of Order VI Rule 17 of the Code of Civil Procedure seeking therein the following amendments sought to be made which reads hereunder as: