Kamlesh Sharma, J.—The petitioner-plaintiff is aggrieved by the order dated 5-12-1996, passed by Sub-Judge, Rajgarh, District Sirmaur, whereby his application under Order 6, Rule 17, C« P. C. for amendment of the plaint was dismissed.

2. The brief facts are that petitioner-plaintiff filed the suit for permanent injunction restraining the respondent-defendant from making any interference in his suit property, consisting of land measuring 8 biswas, comprised in Khasra No 613/489 situated in Mauza Rajgarh, Pargana Giripar, Tehsil Rajgarh, District Sirmaur and the building constructed thereon by projecting the construction of the first and second floor of his building towards the suit property and also by causing any type of damage to the stairs thereon It was admitted in the plaint that the respondent-defendant is owner of the adjoining land comparised in Khasra No 611/ 489 and 612/489 over which he has raised construction by covering his entire land. But the precise allegations were that the respondent-defendant has no right to make any encroachment on the building of petitioner-plaintiff by way of projecting the construction of first and second floor of his building and to c