The court may allow amendments to pleadings even after trial commencement, provided they do not change the basic structure of the suit or prejudice the opposing party.

JUDGMENT & ORDER :

YARENJUNGLA LONGKUMER, J.

The present Revision Petition under Article 227 of the Constitution of India has been filed by the petitioner assailing the Order dated 26.09.2023 passed by the Civil Judge Senior Division, Kohima, Nagaland, in CMC No. 2/2020 arising out of Civil Suit No.2/2017.

2. The petitioner has invoked the supervisory power of this Court under Article 227 of the Constitution by questioning the propriety of the impugned order dated 26.09.2023 passed by the learned Civil Judge Senior Division, Kohima whereby the learned trial court allowed the amendment in the plaint at a belated stage after the commencement of the trial.

3. I have heard learned Senior Counsel for the petitioner, Mr. C. T. Jamir, assisted Mr. Imkong Jamir and also Mr. R. Iralu, learned Senior Counsel assisted by Mr. L. Iralu. The Deputy Commissioner, Kohima is represented by Mr. K. Angami, Senior Govt Advocate.

4. The brief facts of the case leading to the filing of this petition is that sometime in 1968-1969 the Government had started the process of acquiring land at Aradura, Kohima belonging to Kohima and Phesama village which was proposed to be acquired by the Department of Transport and Communication, Nagaland for the Nagaland State Transport (NST).

5. The Transport Department was asked to deposit a sum of Rupees two lakhs, towards the cost of land to be paid to the land owners. The Transport Department had deposited the said amount and as such the department acquired the land from eight different land owners and to that effect the Gaonbura of T-Khel, Kohima Village has also certified the purchase of the land by the Transport department. The said land in question was thereafter, acquired by the NST Department through the District Administration.

6. After acquisition of the land by the Government, the construction work was taken up and on completion of necessary official formalities the Public Works Department, Government of Nagaland, undertook and completed the construction of the Office cum NST garage and staff quarters on the said land.

7. Sometime in the mid 80s, one Mr. Vilalie Seletsu started claiming right of the land acquired by the Transport Department and as such, the Chief Manager NST on 18.12.1985 and 17.07.1986 wrote complaint letters to the Deputy Commissioner, Kohima.

8. On 04.01.2002, Mr. Vilalie Seletsu again submitted a letter to the Deputy Commissioner, Kohima contending that the land acquired by the NST Department is his ancestral property. To settle the complaint of the parties, the Office of the Deputy Commissioner issued the notices dated 11.02.2002, 27.02.2002, 02.04.2002 and 01.05.2002 to all the stakeholders. A spot verification of the land was also conducted along with the parties by the Extra Assistant Commissioner, Kohima and the Report was submitted on 07.05.2002. On examining, and verifying the claims the Revenue Officer, Office of the Deputy Commissioner, Kohima ascertained that the land in question has been acquired by the Government in the year 1970 and accordingly, rejected the claims of Mr. Vilalie Seletsu.

9. Being aggrieved Mr. Vilalie Seletsu, filed a Civil Suit before the Court of Assistant to Deputy Commissioner (Judicial), Kohima, Nagaland against the State Transport Department which was registered and