I have seen the original relief sought for in the plaint at para 12 together with the schedule appended. Apart from declaration the plaintiff seeks relief of recovery of possession by removal of all encroachments by the defendant in the suit schedule property. According to the plaintiff, the Commissioner has identified the actual encroachments, which are evident from the plan appended to the report of the Commissioner and based on that, the portions clearly identified in the Commissioner’s plan are said to be added to the schedule by the proposed amendment. It is, no doubt true, as pointed out by the learned counsel for the petitioner that the court below has not given any sustainable reasons as to why the amendment is allowed. The approach of the Court below that merely because it will not cause any harm to the petitioner is no ground for permitting the amendment. It is, however, to be remembered that the proposed amendment is only clarificatory in nature and it does not alter the schedule or the plaint or the cause of action therein. The clarificatory amendment, based upon the report of the Advocate Commissioner specifying the actual encroachments, is subject to the trial court accepting the report of the Commissioner during trial and the plaintiff proving the said encroachments, as alleged, the Court below will adjudicate upon the relief sought for by the plaintiff in the light of the pleadings.
