Narendra Nath Tiwari, J.

1. Heard Mr. Rajiv Ranjan, learned Counsel for the petitioner, Mr. R.C.P. Sah, learned Counsel for 1st and 2nd respondents and Mr. P. Modi for the State.

2. In this writ petition the petitioner has prayed for quashing the order dated 12.8.2005 passed by the learned Munsif, Saraikela in T.S. No. 9 of 2003 whereby the learned Munsif has refused to allow the petition for amendment filed by the plaintiff-petitioner under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure.

3. From perusal of the order of the learned court below, it appears that while refusing the amendment learned court below has entered into the effect and merit of the proposed amendment and has given a finding which reads thus :

Abhilekh awlokan se aspast hai ki wadi ko yah samajhne ka kya adhar hai ki appeal kharij ho gaya. Aisa kuchh bhi abhilekh par uplabdh nahi hai. And on that basis the learned court below has observed that by allowing the amendment as sought for, there will be a new addition in the suit and nature of the suit will change. For recording the said finding no reason has been assigned as to how the nature of suit will change by inserting the amendmen