JUDGMENT :

Ajay Kumar Gupta, J.

1. This is an application filed under Section 227 of the Constitution of India by the petitioner praying for setting aside an order No.13 dated 1st September, 2023 passed by the learned Civil Judge (Jr. Division) at the Jalpaiguri in Title Suit No.404 of 2022, thereby the trial Court allowed amendment of the plaint in an application filed under Order 6 Rule 17 read with Section 151 of the CPC, 1908 on contest subject to payment of costs of Rs.1000/-

2. It is the contention of the petitioner/Defendant no.1 that the Opposite Party/plaintiff has filed a title suit against the present petitioner including other defendants for declaration and injunction and other consequential reliefs on 1st September 2022. In the said suit present petitioner duly appeared and filed his written statement denying all material facts and allegations. Petitioner further contended that the dispute regarding the suit property was in respect of Plot No. 334 measuring an area 2110 Sq.ft purchased and owned by the Plaintiff by virtue of deed of conveyance no.263 of the year 2022. Whereas, Petitioner disclosed in his written statement that he is the owner and possessed of another plot