1. This Revision petition under Art. 227 is filed against the order dated 01 - 03-2022 passed in Judl Misc Case No. 37 of 2021 of the Ld. Civil Judge Senior Division, Imphal West, Manipur whereby the application for amendment filed by the Respondents / Plaintiffs under Order VI R.17 of the Code of Civil Procedure, 1908 (in short, CPC) was allowed.

2. The fact of the present Revision Petition is: -
(I) The Original Suit being No. 91 of 2016 before the Ld. Civil Judge Senior Division, Imphal West, Manipur was instituted by the respondents / plaintiffs against the petitioners / defendants on 5th August, 2016 inter - alia praying for declaration as owner of the suit land, cancellation of the sale deed of the suit land and for entitlement of compensation for acquisition of the suit land for development of railway lines. An amendment petition filed earlier prior to the present application was also allowed. The recast plaint was also filed on 18 August, 2019. Issues were framed on 10-09-2019. The plaintiffs also filed Examination - in Chief of the PW. No. 1 on 21st October, 2019.
(II) The respondents / plaintiffs filed an application being Judl. Misc Case No. 37 of 2021 on 04 - 02-2022 for amendment of the plaint under order VI R.17 CPC for recovery of the compensation award of the acquisition of the suit land during the pendency of the suit land without their knowledge.
(III) The present petitioners / defendants who are Ops / respondents in the said Judl. Misc Case No. 37 of 2021 have filed their Written objection on 18th February, 2022 stating that the proposed amendment will change the nature of the suit and heard the matter on the same day.

3. It is stated that vide the impugned order dated 01-04-2022 in the Judl. Misc Case No. 37 of 2021, the amendment was allowed after commencement of trial thereby changing the true character of the suit.

4. In another Judl. Misc Case No. 292 of 2020, the present Respondents / Plaintiffs prayed to recover the amount mentioned in the amendment portion. The Ld. Trial Court decided the case on 19th January, 2021 as " It is also seen that the question of compensation and others under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 does not lies under the jurisdiction of this Court. In any case, ample measures to ensure the recovery of amount awarded as compensation if the suit is declared in his favour and he is declared as the owner of the suit land."

5. The petitioners / defendants, being aggrieved by the impugned order dated 01/03 / 2022 passed in the J.M. Case No. 37 of 2021 Ref : - O.S. 91 of 2016, beg to prefer this revision Petition under Art.227 on the following grounds among others: -
GROUNDS
A. for that the Original Suit No. 91 of 2016 before the Ld. Civil Judge Senior Division, Imphal West is a Declaratory Suit under S.34 of the Specific Relief Act, 1963 with consequence relief of Suit Value at Rs.21,000/- (Rupees Twenty - one Thousand) only.
Whereas, the allowed amendment which to be inserting as Para 17 (IV) is that "a decree for recovery a sum of Rs.19,06,896.70p (Rupees nineteen lakh six thousand eight hundred ninety six and paise seventy) only from defendant No. 1 and a sum of Rs.29,06,896.70 p from defendant No. 2 which was withdrawn by them respectively as Compensation amount of the suit land."
That, the recovery suit is governed by S.7 of Specific Relief Act which a different character of the suit. Thus, the present amendment has changed the character of the suit.
B. for that the recovery of money, the suit value should be same as the recoverable amount under S.7(i) of the Court Fees Act, 1870. In the said suit, the suit value is only Rs.21,000/-, which become undervalue with the amendment. The Ld. Trial Court adopted such illegality.
C. for that the amendment portion in the impugned order is an act after filing of the suit and not a controversy between the parties and need not to be determine in the suit.
D. for that