S.B. Sinha, J.

This application is directed against an order dated 12.9.1990 passed by the 3rd Subordinate Judge. Chaibasa in Title Suit No. 10 of 1982, whereby and whereunder the .aid learned court allowed an application for amendment. of plaint filed by the plaintiffs-opposite parties.

2. The fact of the matter lies in a very narrow compass.

3. The plaintiffs filed the aforementioned suit inter alia, for a decree of declaration in relation to their right, title and interest over the suit plot and a decree for permanent injunction against the defendant from transferring the suit plot in any manner to anybody.

4. According to the plaintiffs, the land in suit was purchased by a deed of sale dated 21.10.1938 by Ratneswar Roy in the name of benami of the mother of the defendant.

5. According to the plaintiffs, the said benamdar had never been in possession of the lands in question.

6. On the other hand, the calc of the petitioner was that his mother was the real owner of the property and not a benamdar of the said Ratneshwar Roy.

7. It was contended by the defendant that Ratheshwar Roy and consequently the plaintiffs were in inpermissive possession of the property in suit and the ri