T. Vaiphei, J.

1. The short but interesting question which falls for consideration in this writ petition is whether the petitioner can invoke the general power of amendment of a Civil Court under Section 153 of the Code of Civil Procedure, when his application for amendment of his pleadings is barred by the newly added proviso to Order VI, Rule 17?

2. The relevant facts generating the present controversy may be narrated at the very outset. The petitioner as the plaintiff instituted T.S. (Partition) No. 11 of 2005 before the Ld. Civil Judge, Senior Division, Court No. 1, West Tripura, Agartala, against the respondents for a declaration of his share in the suit land on the strength of the last Will and Testament of the deceased Suruchi Chakraborty, etc. The suit has been contested by the respondents. When the trial has already commenced and the petitioner was called upon to adduce his evidence, he filed an application under Order VI, Rule 17 to amend his plaint as per item Nos. (I), (II) and (III) in the Schedule to the application. The Ld. Civil Judge by the impugned order allowed the prayer for amendment in respect of item Nos. (I) arid (II), with which we are not currently c