JUDGMENT :

Heard learned counsel for the parties.

2. This Civil Miscellaneous Application has been filed for setting aside the order dated 12.10.2017 passed by the learned Munsif, Gogri, District-Khagaria in Title Suit No. 01 of 2008 whereby and whereunder the learned Court below was pleased to allow the petition filed by the plaintiffs-respondents under Order VI Rule 17 C.P.C. for amendment in the plaint.

3. Respondent Nos. 1 and 2 are plaintiffs who have filed the suit being Title Suit No. 01 of 2008 for declaration that defendants did not acquire any right, title, interest and possession by the order dated 29.03.1996 passed by learned S.D.M. Gogri in a proceeding under Section 145 Cr. P.C. in Case No. 1165M/84 and also to restrain permanently the defendants to make any interference in anyway with respect to the property of Imambara mentioned in Schedule I of the plaint.

4. The case of plaintiff/respondents Nos. 1 and 2 is that suit land plot No. 564 and 565 which are adjacent plots were recorded in the name of Most. Jhunia which was succeeded by her daughter Purni and maternal grandson Mishri Sahni and they were in possession over the suit land who subsequently mortgaged their 1 Kat