In course of hearing, learned counsel for the petitioners confines the prayer with r
espect to amendment of the plaint only. The petitioners as plaintiffs instituted C.S. No.4 of
2005 in the court of learned Civil Judge (Junior Division), Jagatsinghpur impleading opposite
parties as defendants for declaration of right, title and interest and for permanent injunctio
n. To have amicable settlement in the matter, plaintiffs as well as defendants engaged Amins t
o measure the land. Thereafter, the plaintiffs filed an application under Order 6 Rule 17 CPC
to incorporate the plea that both the parties have appointed Amins to measure the land and it
was found that the defendants are in excess possession of the land, to correct the schedule B
property and valuation of the suit land. The defendants filed an objection to the same. By ord
er dated 15.9.2005, learned trial court rejected the application for amendment of the plaint.
On a conspectus of the application for amendment, vide Annexure-1, it is event that
the proposed amendment is formal in nature. The foundational facts already exist The same will
no way change the nature and character of the suit.
