The revision petitioner is the plaintiff in the suit filed for permanent injunction alleging that the respondent herein who is the adjacent land owner is trying to encroach upon his vacant portion of the land situated on the southern portion of the defendant's land. The suit is contested by the respondent herein/defendant on various grounds.

2. In the written statement, it is specifically averred that the suit for bare injunction cannot sustain without a declaratory relief.

3. One of the issues framed for trial is, whether the suit is maintainable without seeking declaration of title.

4. The Trial Court on completion of examination of witnesses and hearing the arguments had reserved the suit for judgment. At that juncture, the plaintiff/revision petitioner has filed I.A.No.359/16 to amend the plaint to include the relief of declaration.

5. The Trial Court has dismissed the said application on the ground that the petition to amend is filed after completion of trial just before pronouncing the judgment, hence it is liable to be dismissed.

6. Aggrieved by the dismissal of the application, the present revision petition is filed on the ground that no new case is introduced by way of a