Tarlok Singh Chauhan, J.

This petition under Article 227 of the Constitution of India is directed against the order dated 22.08.2009 passed by the learned District Judge (Forest), Shimla, whereby the application for amendment of the written statement preferred by the petitioner came to be dismissed.

2. The dispute relates to building No. 8, Middle Bazar, Shimla, over which the respondents claim ownership, whereas, petitioner claims to have become owner by way of adverse possession.

3. As per the petitioner, the necessity for amendment arose because of the fact that the case of the plaintiffs was based upon mutation attested in their favour vide order dated 12.07.1977 on the strength of alleged sale certificate issued under the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1954. However, the said mutation was not only reviewed, but was cancelled by the competent authority which fact came to the knowledge of the petitioner only on 24.07.2009 when he applied for the copy of the revenue record (jamabandi).

4. This application was opposed by the plaintiffs/respondents on the ground that no such subsequent event has taken place with regard to suit property wh