Heard learned counsel for the petitioner as well as learned counsel for the respondent.

2. Petitioner is the defendant. On account of refusal of amendment of the written statement in terms of Order-VI, Rule-17 of the C.P.C. read with Section 151 of the C.P.C. by the learned Subordinate Judge-VI, Patna in Title Suit No. 560 of 2011 vide order dated 05.11.2012, petitioner has preferred instant petition.

3. Initially, after appearance of petitioner/defendant written statement was filed (Annexure-2) wherein at Para-9, there happens to be plea of oral exchange. In the said Para, retaining the factual aspect as pleaded since before an alternative plea has been sought for, introduced by an amendment disclosing that Rs.4,000/- was paid to the vendor of the plaintiff, who allowed her for her presence over the aforesaid area of land whereupon she had constructed the house.

4. The status of defendant in getting his written statement amended and that too, to what extent is found properly answered in Usha Balashaheb Swami and others v. Kiran Appaso Swami and others reported in (2007) 5 SCC 602, it has been held:-

“19. It is equally well settled principle that a prayer for amendment of the pl