JUDGMENT :

This Original Petition (Civil) has been filed by the sole plaintiff in O.S No.92 of 2013 of the Munsiff Court, Pala arraying defendants 1 to 4 therein as respondents herein.

2. Ext.P5 order, viz. Order in I.A.809/2018 dated 23.06.2018 is under challenge herein.

3. Brief facts :

The 1st defendant/1st respondent herein filed I.A.No.809/2018 in O.S No.92/2013 to amend the written statement on asserting that some mistakes crept therein due to oversight. According to the 1st defendant/petitioner those mistakes were required to be corrected to protect the interest of the defendants.

4. Plaintiff filed objection to this petition mainly contending that the 1st defendant's attempt was to strike down an admission wilfully made and the same is impermissible. Further, the amendment application was filed after commencement of trial, that too, at a belated stage.

5. However, the learned Munsiff allowed the petition on the finding that the amendment would never cause any prejudice to the plaintiff and further holding that the averments in the 7th paragraph of the written statement specifically mentioned that the plaint schedule properties are within the possession and enjoyment of the 1st de