Rule. Rule made returnable forthwith. Petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.

2] The petitioner is the original plaintiff. The suit had been filed by the plaintiff for permanent and mandatory injunction restraining the respondents / original defendants from making any construction in the space between two Samadhis of their common ancestors and for removal of the construction they had already made. The respondents filed written statement and denied the claim of the petitioner. It was pleaded by the defendant that the Samadhi was admeasuring 20 ft x 50 ft and the possession of the land between the two Samadhis was not passed on to the petitioner at any point of time. Issues were framed and the matter proceeded for tendering of evidence of the plaintiff. At this juncture, the plaintiff filed an application for amendment of the plaint under order 6 rule 17 of the Code of Civil Procedure. By the proposed amendment, the petitioner desired to explain some of the pleadings in the plaint in view of the objection raised by the defendant in the written statement. The amendment application was however, dismissed by