The petitioner, who is plaintiff in Title Suit No.48 of 2013, is aggrieved of order dated 04.03.2017 by which amendment in the plaint has been declined by the trial judge.

2. At the outset it needs to be indicated that at the time when the plaintiff filed an application for amendment, by that time issues in the suit were not settled. The plaint was presented on 19.02.2013, the defendant has filed his written statement on 17.05.2014 and the amendment application was filed on 03.11.2014.

3. Order VI Rule 17 CPC which permits amendment in the pleadings at any stage of the proceedings is founded on the principles of equity, justice and good conscience.

4. The plaintiff has pleaded that during his life-time their father has purchased the suit schedule property through two separate sale-deeds and during the life-time of their father they were living in jointness; the plaintiff and the defendant are real brothers. Claiming his half share in the house which was jointly constructed by the plaintiff and the defendant over the land which was purchased by their father, the plaintiff seeks a declaration of his right, title and interest over the suit schedule property. It is not in dispu