Judgment :

ARINDAM MUKHERJEE, J.

1. The present revisional application arises out of an order dated 28^th November, 2025 passed by the learned Civil Judge (Junior Division), 2^nd Court, Jalpaiguri in Title Suit no.141 of 2012 by which an application under the provisions of Order VI Rule 17 of the Code of Civil Procedure, 1908 (in short, “CPC”) to amend the plaint was allowed.

2. The petitioners have contended that the amendment application was made on 17^th May, 2023 when the suit was filed in 2012 and the knowledge as to the facts on the basis whereof amendment has been sought for is admittedly in the year 2016 when the written statement by the original defendant no.1 in the suit was filed. According to the petitioners, no fresh suit for the relief claimed could lie on the date when the application for amendment was made.

3. That apart and in any event, the amendment seeks to change the nature and character of the suit. The suit was initially for recovery of possession on the allegation that the defendants were trespassers and there was no cloud as to the title of the plaintiff / opposite party. The declaratory relief was, therefore, not claimed in the suit as originally filed. When the