JUDGMENT :

SUJIT NARAYAN PRASAD, J.

Prayer :

1. The instant petition under Article 227 of the Constitution of India is directed against the order dated 27.06.2023 passed in T.S. No.127/2016 by the Court of Sub-Judge-I, Giridih, whereby and whereunder, petition for amendment filed under Order 6 Rule 17 of the CPC in the plaint, has been rejected on the ground that amendment cannot be allowed at the stage of evidence, i.e., after commencement of trial, amendment in plaint is not formal in nature.

Facts

2. The brief facts of the case, as per the pleading made in the petition, required to be enumerated reads as under:-

3. It is the case of the petitioners that the petitioners are the plaintiffs in T.S. No.127/2016 and has prayed for the following reliefs:-

a) That on adjudication of title of the plaintiffs on the suit scheduled below be declared.

b) That the plaintiffs be put in Khas possession of the suit lands by removing the pillars or structures standing thereon through the process of the Court.

c) That the costs of the suit and interest thereon pendent lite and till the realization of the same be awarded to the plaintiffs against the defendants.

4. Thereafter, the plaintiffs-petitioners