JUDGMENT :

Irshad Ali, J.

1. Heard learned counsel for the petitioner and to Sri Shailendra Singh Chauhan, learned counsel for the respondents.

2. Submission of learned counsel for the petitioner is that Suit No.201 of 1988 was filed in the Court of Civil Judge, North (Junior Division), Lucknow for declaration and for the grant of permanent injunction to the plaintiff. Written statement was filed by the defendant on 20.12.1989. Proceeding of auction was initiated by the State Government after acquisition of some portion of the land in dispute. The petitioner contested the suit which was dismissed on 22.9.2009. Against the judgment and decree, civil appeal was filed on 4.11.2009.

3. During the pendency of the appeal, the petitioner moved an application for amendment in the plaint on the ground that in accordance with the map of the building, an outer place adjacent to the building could not be shown properly in the plaint. The area as per the map is 3 Bigha 12 Biswa 17 Biswansi and 6 Kachwansi (total 100550.66 sq. ft.) and in the plaint, the area has been shown to be 3 Bigha 7 Biswa 8 Biswansi and 9 Kachwansi (total 91778.85 sq. ft.).

4. The learned Additional District Judge, Special Cou