another petition for amendment vide I.A.No.207 of 2009 was filed. The plaintiffs wanted to amend the boundaries of the suit property, pursuant to the Sub-division taken place after institution of the suit. But the pleadings, oral and documentary evidence produced by the plaintiffs goes to show that the description does not tally with the title deed. The plaintiffs after having claimed title through Ex.A1 - sale deed dated 08.08.1929, rebelled against the same and contended that the properties are wrongly described in title deed itself. Amendments can be made taking support of the pleadings, relevant documents marked and requisite evidence supporting / warranting amendments as to pleading of a fact or alteration or addition of a prayer etc. New issues can also be raised on the basis of written statements or counter claim or even during trial also amendments can be made. But, amendments cannot be made or permitted in certain circumstances, where after laying foundation of title is a declaration suit based on a particular document and after pleading that the said document is the source of the title and after adducing evidence on the issues framed on that basis, one cannon revolt around and state there are discrepancies in the description of the properties acquired. The very case will stand demolished. In the instant case, the survey numbers, boundaries and the extent of the properties found in the title deed dated 08.08.1929 are sought to be amended as it does not tally with the schedule to the properties on ground. Even if the amendment is allowed, the facts lead to show it will not prove the identity and title of the plaintiffs to items 2 and 3 of the suit properties. The defendants by overwhelming evidence proved that the case of the plaintiffs is false and on the contrary proved his title too. Therefore, the grounds raised by the plaintiffs does hold water.
