The petitioner is aggrieved of order dated 05.12.2009 by which the application for amendment has been declined.

2. Title Suit No.298 of 2001 was instituted by Krishna Prasad and Smt. Urmila Devi for a decree for specific performance of agreement dated 25.04.1992. The suit was resisted by the defendant- Krishna Lal Saw raising various grounds on waiver, acquiescence, estoppel, cause of action and limitation. The defendant has pleaded that no cause of action for instituting the suit arose on 25.04.1992 or on “subsequent dates”. Resisting the relief sought by the plaintiffs, the defendant has asserted that he entered into an agreement for sale with Smt. Sheo Kumari Devi for a portion of the suit land before agreement dated 25.04.1992 was executed and subsequently a portion of the schedule land was transferred to Sheo Kumari Devi prior to institution of Title Suit No.298 of 2001.

3. After the parties led their evidence and closed the arguments, an application for amendment in paragraph no.22 of the plaint was filed.

4. Paragraph No.12 of the plaint reads as under:

12. “That the cause of action for the suit arose on 25.04.1992 at Hirapur Telipara, P.S. Dhanbad, Dist. Dhanbad withi