1. Heard Shri S.S. Dwivedi, learned Senior Counsel in support of this application which is directed against an order passed by the trial Court where the plaintiff-petitioners amendment application has been rejected primarily on two grounds. Firstly that trial having commenced, in terms of newly inherited proviso to Order 6 Rule 17 to the Code of Civil Procedure the plaintiff not having satisfied the condition specified therein, amendment could not be allowed and secondly that the amendment changes the entire nature of the suit.

2. Before taking the issue of Order 6 Rules 17, it would be appropriate to see if the learned trial Court committed any jurisdictional error in holding that the nature of suit stands changed by virtue of amendment. In the plaint, as originally filed, the relief was in respect of Schedule-B properties and three sale deeds which purport to transfer Schedule-B properties. By amendment first Schedule-A is totally changed. The said properties are now said to be properties falling to the share of plaintiff and a further relief is now claimed for declaration of right, title and interest and confirmation of possession in respect of Schedule-A property. Neith