Rajive Bhalla, J.

1. The petitioner challenges an order dated 4.6.2009, whereby the Civil Judge (Junior Division), Rewari, has dismissed his application for amendment of the plaint.

2. The plaintiff/petitioner filed a suit for permanent injunction to restrain the respondents from interfering in his possession over the suit land by alleging that part of the suit land was sold to him by Mahadev vide sale deed dated 22.6.1979 and for the remaining half share, owned by the vendor-s brother Mukanda, the vendor received money after promising the petitioner that this half share would be transferred to his name by the vendor-s brother.

3. During the pendency of the suit, but before evidence could commence, the petitioner filed an application for amendment of the plaint praying that he should be allowed to incorporate a plea that after the demise of Mukanda, his legal heirs executed an agreement to sell dated 13.6.1981 and delivered possession of their half share to the petitioner. It was pleaded that these facts were brought to the notice of his counsel, but were not pleaded on account of a bona fide error.

4. The contesting respondent Nos. 1 to 3 opposed the prayer for amendment b