JUDGMENT :

1. The record is taken up for Orders.

2. The petitioner before this Court is the plaintiff in Title Suit No. 259 of 2015 pending before Learned Civil Judge (Junior Division) nd Court Serampore Hooghly and is aggrieved by the Order passed by the Learned Trial Judge in dismissing the petition for amendment.

3. The case of the petitioner/plaintiff may be summed up thus:

1. The petitioner filed a title Suit before the Learned Court of Civil Judge Junior Division 2nd Court, Serampore, Hooghly for Declaration and Injunction against the opposite parties/defendants.

2. The opposite parties/defendants did not appear at the time of hearing of the said suit and did not file the written statement within the statutory period of time.

3. After the lapse of statutory period for filing of the written statement the defendants/opposite parties, made one application under Section 151 of the Code of Civil Procedure dated 28.08.2017 before the Learned Court below for acceptance of written statement but the same was rejected by the Learned Court below on the ground that no cogent reasons were shown in the said application for delay in filing the written statement.

4. On 2-08-2018 the petitioner filed a petition in the Learned Court below under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure for incorporation of correct L.R. and R.S. plot Numbers. Due to hurriedness and inadvertence at the time of filing of the above Suit, in the schedule the R.S. Plot Number has been wrongly typed as R.S. Plot No.87 instead of 487 and furthermore the L.R. Plot Number of the corresponding R.S. Plots have not been incorporated there.

5. The said application was taken up for hearing by the Learned Court below and the Learned Court has been pleased to pass an Order allowing the amendment in part as there was clear ambiguity in filing the said Amendment petition and accordingly as per Order of the Learned Court below Amended plaint has been filed only mentioning the correct R.S. Plot Number.

6. After filing the above mentioned Suit the defendants/opposite parties being aware of the fact that the plaintiff/petitioner or his vendors did not incorporate their names in the L.R. Records of Right, hurriedly recorded their names in the L.R. settlement and Record of Rights showing their Worrisson Certificate and suppressing the fact that their predecessors had already transferred their property and after going through the said Record of Right the petitioner came to learn that the R.S. Plot No-487 has been changed to L.R. Plot No. 525 measuring an area of 1 acre and the devolution

7. of the property have not been properly described in the plaint.

8. On 21-12-2019 the petitioner filed a petition in the Learned Court below under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure praying for amendment of the plaint.

9. By Order dated 23-02-2021 the Learned Court below was pleased to reject the prayer for amendment made by the petitioner on 21-12-2019.

10. The petitioner being aggrieved by the order dated 23-02-2021 passed by the Learned Court below has come up with instant Revisional Application.

4. Pursuant to the admission of this application notice was issued upon the opposite parties. As none appeared for the opposite parties in spite of service of notice the hearing of the application was taken up in their absence.

5. It is the contention of the petitioner that the proposed amendment is necessary for proper adjudication of the suit and will not change the nature of the case. It is further contended by the petitioner that the Learned Court has rejected the prayer for amendment without appreciating the fact that changes in plot of Land, from R.S. to LR is required to be incorporated in the schedule of plant for proper adjudication of the suit. Heard Learned Advocate for the petitioner. Perused the petition filed and materials on record. Learned Advocate for the petitioner submits that although proposed amendment does not change the nature of t