Learned counsel appearing for the petitioner submitted that an application for amendment in the plaint was preferred by the petitioner, who is the original plaintiff and partly the said application was allowed and partly it was rejected. Paragraphs vi to x of the amendment application was not allowed to be amended and, them fore, the present petition has been preferred. Paragraphs vi to x of the amendment application are as under:--

"(vi) After paragraph 15, a sub para "15A" be added as follows:

15A. That so far as the lands of Khata No. 48 are concern, the father of the defendant has received compensation amount also awarded in L.R. Case No. 26/83 for acquisition of the land (for Bazar Samittee) measuring 1.93 Acres (Khata, No. 48) consisting of plot no. 2143, Area 1.75 Acres and plot no. 2145 Area 0.18 Acre. Hence, the lands measuring 1.93 Acres should be deducted from the share of the defendants.

In addition to the above lands, the lands measuring 0.50 Acre under Khata No. 48 has been sold by defendants and their persons. Hence, this much area should also be deducted from their share.

Thus, the suit lands under Khata No. 48, Area 19.25 Acres after deducting the area 2.43 Acres (Acquired area 1.93 Acres plus sold area 0.50 Acre) has been mentioned under Schedule-C/1. The purchasers of the lands of Khata Nos. 303 and 48, before the date of institution of the suit have not been imp-leaded as defendants because their acquired/purchased lands have not been included in the suit lands under Schedules-C and C/1.

(vii) In the Schedule-A of the plaint under Khata No. 303, the Area 0.46 . Acre of the plot No. 1071 be corrected as 0.40 Acre.

After plot No. 2115 and before the plot No. 2117, plot No. "2116 measuring 0.41 Acre" be inserted.

Under the heading sold lands, with regard to plot No. 1072 out of area 0.31 Acre, the sold land "06. 2/5" be corrected as "0.06 1/5".

With regard to plot No. 1073 out of 0.91 Acre, the lands sold "0.07 1/2" be added.

With regard to plot No. 1074 out of 0.34 Acre, the sold land "0.10" Acre be corrected as "0.07".

With regard to plot No. 1075 out of 0.61 Acre, the sold land 0.03 Acre be added.

(viii) Under Khata No. 48 under Schedule-A, on the heading after area on parallel line "area sold" or "acquired" be mentioned and under this heading, with regard to plot No; 21 ~3 after the area 1.75 Acres the words "Acquired for Bazar Samittee" and with regard to plot No. 2145 after area 0.18 Acre" acquired for Bazar Samittee be mentioned.

With regard to plot No. 2233 out of area 0.58 Acre under the heading of sold area 0.08 1/2 Acre be mentioned.

With regard to plot No. 2360 out of area 0.33 Acre, "0.11 1/2" Acre be mentioned.

With regard to plot No. 1371 out of area 0.16 Acre "0.07 1/2" Acre be mentioned. After that plot No. 1370 Area 0.87 Acre be added and out of that area sold land 0.22 1/2 Acre be mentioned.

ix. Under Khata No. 48 plot No. 2094 area 0.29 Acre be corrected as 0.19 and plot No. 2660, Area 0.87 Acre be corrected as 0.08 Acre.

The total area under Khata No. 48 under Schedule 'A' 20.98 Acres be corrected as 21.68 Acres.

x. In Schedule 'C' plot No.1 071 area 0.46 Acre be corrected as 0.40 Acre.

With regard to plot No. 1072, area 0,24 3/5 Acre be corrected as 0.24 4/5 Acre.

With regard to plot No. 1073, area 0.91 Acre be corrected as 0.83 1/2 Acre.

With regard to plot No. 1074, area 0.24 Acre be corrected as 0.27 Acre and in plot No. 1075, Area 0.61 Acre be corrected as 0.58 Acre. .

After plot No. 1076, Area 0.66 Acre, a plot No.1 077, Area 0.43 Acre be added before the Plot No. 1079.

The total area under Khata No. 303 under Schedule-C, 9.52 3/5 Acre be corrected as 9.29 3/10 Acres.

Under Schedule-C/1 with regard to Khata No. 48, the plot No. 2143, Area 1.75 Acres and plot No. 2145, Area 0.18 Acre be deleted.

With regard to plot no. 2233 Area 0.58 Acre be corrected as 0.49 1/2 Acre and in plot No. 2360, Area 0.33 Acre be corrected as 0.21 1/2 Acre.

With regard to plot No. 1370, Area 0.87 Acre be corrected as 0.64 1