JUDGMENT :

(Shampa Sarkar, J.)

The revisional application is disposed of upon hearing the petitioner and the plaintiffs/opposite party Nos.1 to 4. The revisional application deals with the amendment of the written statement. The application for amendment was contested in the learned court only by the plaintiffs. Service upon the other opposite parties is dispensed with.

2. By an order dated July 22, 2022 passed in Title Suit No.126 of 2015, the court rejected the application for amendment of the written statement by which the defendant No.1 wanted to incorporate certain factual aspects with regard to the defence case and also introduce a counterclaim with certain prayers. The learned court rejected the application for amendment on the ground that under the guise of amendment, the defendant No.1 was praying for declaratory reliefs which were within the domain of the thika controller. Moreover, such amendment would change the nature and character of the suit.

3. Mr.Ghosal, learned advocate for the defendant No.1/petitioner submits that the order impugned suffers from the following irregularities:

a) Apart from the counter-claim, there were other averments which were sought to be incorpo