Heard the learned counsel for the parties.

2. The petitioner, by way of filing this petition under Article 227 of the Constitution of India, has prayed for quashing and setting aside order dated 18.1.2011 passed in Title Suit No. 21/2003 by the learned Sub-Judge-I, Bermo at Tenughat, whereby the prayer made on behalf of the plaintiff for allowing to amend the plaint by filing a petition dated 21.2.2009 under Order 6 Rule 17 read with section 151 C. P.C. Has been allowed.

3. The learned counsel for the petitioner submitted that application for amendment was submitted by the plaintiff at belated stage under the pretext of some typographical mistakes and to bring certain facts, which are necessary for determination of the real issue before the Court. It is also submitted that the issues were finalized in the year 2004 and the matter is required to be decided on the basis of issues which have been framed in the suit. However, the Court below allowed the amendment application, which is contrary to the provisions contained under Order 6 Rule 17 of the Code of Civil Procedure. It is also submitted that the written statement was filed on 9th September 2004 and thereafter, issues have