Heard Mr. R.J. Bordoloi, the learned counsel for the petitioner as well as Mr. A. Biswas, the learned counsel for the respondent No. 1. None appears for respondent No.2 although notice is deemed to be duly served.

2. This application under article 227 of the Constitution of India has been filed for challenging the order dated 05.05.2017 passed by the learned Civil Judge No.2, Kamrup (Metropolitan), Guwahati in Misc.(J) Case No. 730/2016 arising out of Title Suit No. 387/2014, whereby the prayer for amendment of the written statement was rejected.

3. The respondent No.1 is the plaintiff in Title Suit No.387/2014. The said suit had been instituted for declaration, partition, separate possession and permanent injunction in respect of properties described in Schedule 1 to 6 described in the plaint. The petitioner, who was arrayed as defendant No.1 in the suit, contested the claim by filing written statement.

4. In the month of February 2017, the petitioner filed an application under Order VI Rule 17 read with section 151 CPC for amending the written statement. On the perusal of the Petition No. 4958, filed for amendment of the plaint, extensive amendments were proposed