ORDER :

1. An application moved by the defendants for amendment of the written statement at the stage of evidence was partly allowed by the learned trial Court vide order dated 4.11.2014. The plaintiff has challenged this order in the instant petition filed under Article 227 of the Constitution of India.

2. The status of the parties hereinafter is being referred to as it was before the learned trial Court:

(i) Suit was filed by the plaintiff for vacant possession of the land comprised in Khata Katauni No.101/295(Old) 130/326 (New) and old khasra No.293min, 292, 298, 300 min and new khasra No.719, 723, 725, 734 and 735 total kitas 05, area measuring 00-25-01 hectares situated at Chak Chirgaon, Tehsil Chirgaon, Distt. Shimla H.P. It was submitted that the plaintiff was owner of the suit land. Defendants had illegally encroached upon the suit land, unauthorizedly planted apple plants over the same and changed the nature of the suit land.

(ii) The defence was that the defendants were non-occupancy tenants over the suit land and thus had become owners in possession of the suit land. It was pleaded that the possession of the defendants and their ancestors over the suit land to the knowledge