JUDGMENT

Present petition under Article 227 of the Constitution of India has been filed by the petitioner-appellant for quashing/ setting aside the order dated 30.08.2013 (Annexure 4) passed by District Judge-IV, Palamau at Daltonganj, in Title Appeal No. 26 of 2011 whereby and whereunder the petition dated 27.06.2013 (Annexure 2) filed by the petitioner under Order VI Rule 17 read with Sections 151 and 153 of the Code of Civil Procedure has been rejected.

2. The petitioner-plaintiff has instituted Title Suit No. 98 of 2002 (Annexure 1) for declaration of right, title and interest in respect of the suit scheduled property and also for injunction which has been dismissed by learned Civil Judge, Junior Division, Palamau on merits on contest. The petitioner-plaintiff assailing the impugned Judgement and decree passed by learned Munsiff, Palamau, dated 24.05.2011 has filed the Title Appeal No. 26 of 2011 which was admitted on 12.07.2011 and pending for hearing. In the meantime petitioner/appellant filed an application under Order VI Rule 17 read with Section 151, 153 CPC proposing some amendments in the plaint. The respondents filed their rejoinder opposing such prayer made by the peti