1. By this petition under Article 227 of the Constitution of India defendant has challenged the legality, validity and propriety of the impugned order dated 13.3.2013 passed in Civil Suit No.32A/2011 by II Additional District Judge, Guna. By the aforesaid order, plaintiff’s applications under Order VI rule 17 and Order VII rule 14 (3) CPC have been allowed.

2. Plaintiff filed a suit for declaration, recovery of possession and mesne profit inter alia contending that the suit land admeasuring 0.230 hectare falling in survey No.20/1 situated in village Chhawani, Patwari Halka No.76, Tahsil and District Guna was purchased by the plaintiff (hereinafter referred to as ‘the suit land’). Out of the aforesaid suit land, 0.139 hectare was transferred through various registered sale deeds and, therefore, plaintiff claimed to be owner to the extent of 0.091 hectare and in the map attached with the plaint in respect of the suit land marked in “green colour”.

Defendant filed written statement and denied plaint allegations. During pendency of the suit, plaintiff filed an application under Order VI rule 17 CPC for amendment in the plaint and map on 11.9.2012 but the same was withdrawn on 9.1.20