As per Hon'ble Shri Prashant Kumar Mishra, J.

1. The petitioner is aggrieved by the order passed by the trial court rejecting his application under Order VI Rule 17 of CPC for leave to amend the plaint.

2. The petitioner/plaintiff preferred the suit for the respondents/defendant's eviction from the suit premises some times in the month of November/December, 2002. The defendant submitted his written statement in July 2003, vide Annexure P-2 and thereafter issues were framed by the trial Court. The petitioner moved an application for framing additional issues under Order XIV Rule 5 of CPC in January 2005 on the submission inter alia that on a reading of the written statement, it would appear that the defendant has denied the plaintiff's title to the suit premises hence, an issue in this regard be framed. The application was rejected by the trial court by observing that there is no pleading in the plaint seeking eviction of the defendant on the ground of disclaimer of title.

3. The petitioner thereafter moved the subject application under Order VI Rule 17 of CPC in the month of March 2005 inter alia submitting that in para 1, 4, 7 and 12 of the written statement the defendant has de