R.M. Borde, J.— Heard learned Counsel for respective parties. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. An application tendered by the petitioner - original plaintiff seeking amendment to the plaint has been turned down by the trial Court for the reason that the application is tendered belatedly.

3. Suit is presented by the plaintiff, in the year 2005, initially seeking a declaration that the mutation entry recorded in the revenue record is illegal and for a decree of injunction. It is the contention of the petitioner that application Exhibit 6 presented by the petitioner claiming an order of temporary injunction against the defendant was turned down by the trial Court and thereafter the defendant has forcibly assumed possession over the disputed property. The plaintiff, as such, seeks amendment and claims recovery of possession. The plaintiff also seeks to impeach the transaction dated 12.02.1999 allegedly entered into between the plaintiff and defendant. Plaintiff wants to contend that the transaction entered into between the parties is nominal one and by way of loan transaction and was not to be acted