( 1 ) THIS appeal under Order 43, Rule 1 (t) of the Civil P. C. is directed against the decision of the lower appellate Court dated May 31, 1982. The dispute in the appeal is with respect to a piece of land. The plaintiff asserted his title over this land claiming that this has been his Sehan and in his possession as such over which he had had miscellaneous user including a Nabdan (gutter ). For the defendants it was claimed, on the other hand, that the plaintiff has had no right, title or interest to this land, nor has he been in possession thereof and that the land has throughout been possessed by the defendants. The trial Court came to the finding that the land is held as Sehan by the defendants and not the plaintiff. The suit was accordingly dismissed on 4-2-1981. In the appeal filed by the plaintiff, there was an application made to amend the plaint. The amendment sought was twofold, namely, that the wall existing on the land in dispute belonged to one Ganesh and that the same had been acquired later by the defendants and the other amendment sought was that, in the alternative, the plaintiff had acquired prescriptive right of easement to flow water of the Nab