1. Invoking jurisdiction of Article 227 of the Constitution of India and assailing the order dated 01.08.2018 passed by the learned Civil Judge, East Sikkim at Gangtok in T.S. Case No. 03/2018 allowing the application filed by the plaintiff, plaintiff seeking amendment under Order VI Rule 17 read with Section 151 of the Civil Procedure Code, 1908, this petition has been preferred.

2. Learned Counsel for the defendant/ petitioner contends that by way of proposed amendment, allowed and permitted to be incorporated by the Learned Trial Court, the boundaries of the property which is in question has been substantially changed therefore, it would amounting to change of nature of the property and suit to which a decree is sought, in such a circumstance the order passed by the learned Civil Judge and in particular reasonings so assigned is not justifiable. Therefore, the order passed by the learned Trial Court may be set aside. Learned counsel placed reliance on a case of Smt. Krishna vs. Smt. Laila Begum & others reported in 2012 SCC OnLine P & H 23869 of Punjab &

3. Haryana High Court contending that in a similar circumstances the Court refused to entertain the application seeking amendmen