JUDGMENT :

Heard Mr. B. Pushilal, learned counsel for the petitioner. Also heard Ms. S.S. Zia, learned counsel for the respondent.

2. Present petition is filed assailing the order dated 27.7.2022 passed by learned Munsiff No.2, Sonitpur, Tezpur in Misc(J) Case No. 55/2022 arising out of T. S. No. 32/2011.

3. The aforesaid Misc. Case was registered on an application preferred by the plaintiffs in Title Suit No. 32/2011 under Order 6 Rule 17 of the CPC to amend the plaint. The petitioner/plaintiff projected that during the pendency of the suit the plaintiff petitioners were evicted from the Schedule-B property and accordingly, sought for amendment to the following effect:

(i) That in page No. 3 in the right column line of 1 after the word “declaration” a new phrase “recovery of possession, cancelation of mutation order and kheraji patta and partition” needs to be inserted by way of amendment.

(ii) That in page No. 7 after paragraph 13 new paragraphs 13 A and 13 B needs to be inserted as under:

“13 A That on 5.8.2018 during pendency of the suit in a most illegal manner Opp. Parties/ Defendants with the help of their men, servants, agents etc., forcibly took possession of the Schedule B land