ORDER :

1. This writ petition is under Article 227 of the Constitution of India, whereby and whereunder the order dated 05.02.2019 passed in T.S. No.74 of 2008 by which the petition filed under Order VI Rule 17 dated 18.12.2018 has been rejected is under challenge.

2. The brief facts of the case of the petitioner is that the petitioner/plaintiff has filed T.S. No.74 of 2008 for declaration of right, title over the landed property in question, in which his title is on the basis of registered sale deed dated 27.01.1954 which has been said to be purchased by the mother of the plaintiff.

The respondents/defendants have appeared and filed the written statement wherein they have claimed their title on the basis of a registered sale deed executed in their favour by the mother dated 23.09.1988 and since then they are in the possession of the land and also making payment of rent to the State of Bihar and thereafter petition under Order VI Rule 17 has been filed for seeking amendment to the effect:

“Proposed Amendment

(i) That after para 10 a sub para 10 a be added as follows:-

“That the defendant claim the suit land on the basis of sale deed dated 23.09.1988 said to have been executed by Bibi Tah