S.N.Hussain, J.

1. Heard learned counsel for the parties.

2. The petitioners are plaintiffs-appellants, who are aggrieved by order dated 18.1.2005 passed in Title Appeal No. 3/1985, by which the learned Additional District Judge-Ill Naugachhia rejected the petitioners petition for amendment of the plaint of Title Suit No. 11/1978.

3. The said title suit was filed by the petitioners challenging the entries in the Record of Rights and for declaration that they were entitled to get entered their names in the Records of Rights in respect of the suit land. The said suit was dismissed by the judgment and decree dated 5.12.1984, whereafter the plaintiffs-petitioners filed Title Appeal No. 3/1985, which is pending before the learned Addl. District Judge-III, Naugachhia.

4. Learned counsel for the petitioners submits that the trial Court gave its finding in favour of the plaintiffs-petitioners holding that since the recent survey entry was not prepared in accordance with the deed of title of the plaintiffs, although such deed of title cannot be over-rided either by the Khatian or by any other entries. Learned counsel for the petitioners further submits that the title suit was dismis