The court emphasized that an amendment to the pleadings should not change the nature and character of the suit or introduce a new cause of action against the defendants.

1. Heard Mr. N. Dhar, learned counsel, appearing on behalf of the petitioners and Ms. R. Choudhury, learned counsel, appearing on behalf of the sole respondent.

2. In this revision petition, the respondent is the plaintiff in Title Suit No. 184/2015 pending in the court of the learned Munsiff No. 2 at Karimganj. The petitioners are the main defendants in the said suit. The suit by the respondent/ plaintiff was for declaration of right and injunction. The reliefs so prayed for by the respondent/ plaintiff are reproduced herein below:

“a) For declaration that the 2nd Schedule suit land is the path of the plaintiffs purchased Ist Scheduled homestead land, the right of way of which is transferred to the plaintiff as incidental easementary right by registered Deed No. 1343 dated 20.04.2012;

b) For declaration that the plaintiff has easementary right in the 2nd Scheduled path which is acquired by purchase;

c) For declaration that the principal defendants have no right to sell the 2nd Scheduled path of the plaintiff to any other persons;

d) For declaration that the principal defendants have no right to create any obstruction in using the 2nd scheduled path by the plaintiff in any manner whatsoever;

e) For permanent and temporary injunction restraining the principal defendants from selling the 2nd Scheduled suit path to any other person and from creating any obstruction in using the 2nd scheduled suit path by the plaintiff in any manner;

f) For cost of the suit;

g) For any other relief or reliefs as the court deem fit and proper;”

3. The suit land shown in the schedules mentioned in the plaint are also reproduced herein below:

“IST SCHEDULE

Pargonah- Kushiarkul, Mouza- Balidara, Old Dag No. 273 of Khatia No. 195, New Dag No. 354 of periodic Patta No. 8 Butted and bounded as follows:-

East: Land of proforma defendant Nos. 5, 6, 7 and others purchased from Jharna Bhattacharjee.

West: Land of Manik Das and Ashok Bijoy Purkayastha.

North: Land of Manik Das and Ashok Bijoy Purkayastha.

South: Pond of the proforma defendant Nos. 8 & 9 who are sons of late Sankar Giri.

(Within this boundary homestead type land measuring an area of 1 (one) Kedar, 5 (five) Josti i.e. 0.335 acre land).

2ND SCHEDULE

Pargonah- Kushiarkul, Mouza- Balidara, Old Dag No. 273 of Khatia No. 195, New Dag No. 354 of periodic Patta No. 08 Butted and bounded as follows:-

East: Panchayat Path.

West: Homestead land of the plaintiff described in the Ist Schedule above.

North: 3rd Schedule land described in below.

South: Land of the proforma defendant Nos. 5 & 9.

(Within this boundary 4 cubit breadth and about 100 cubit length path).

3RD SCHEDULE

Pargonah- Kushiarkul, Mouza- Balidara, Patta No. 25 Dag No. 355. Butted and bounded as follows:-

East: Panchayat Path.

West: Land of Manik Das and others.

North: Land of Fakrul Islam.

South: Land of Second Schedule described above.

(Within this boundary land measuring an area of 0.265 Acre)”.

4. The present petitioners filed their written statement and denied the contention of the respondent/ plaintiff made in the plaint. In the relief sought for by the respondent/ plaintiff, the second schedule land with new Dag No. 354 of Patta No. 8 was pleaded for and subsequently by way of an application under Order VI Rule 17 of the CPC, the respondent/ plaintiff sought for introduction of the following by way of amendment in the plaint.

“3. That in the 2nd schedule of the plaint it is wrongly inserted that old dag No. 273 of Khatian No. 195 new dag No. 354 of Patta No. 8 instead of old dag No. 274. New dag No. 355 of periodic Patta No. 25. So, by an amendment the dag number of 2nd schedule ought to be written as “Old dag No. 274, new dag No. 355 of Patta No. 15.”

Further the southern boundary of the 2nd schedule it is wrongly written that there is land of proforma defendant Nos. 5 to 9 but it ought to have been land defendant Nos. 5 and 6 and then through dag No. 355 and touches the panchayat path to the east and by the northern boundary of the said path the