1. This petition under Article 227 of the Constitution of India is filed against the order dated 10.5.2012 passed by learned Additional Senior Civil Judge, Modasa in Regular Civil Suit No. 24 of 1998 below Exh. 157 in an application for amendment preferred by the plaintiff under Order VI Rule 17 seeking amendment to the plaint on the ground that in the plaint pleadings pertaining to the measurement of the plot show bonafide mistake.
2. The trial Court in the context of the suit for injunction to protect the possession of the plaintiff for the land in question after appreciation of evidence on record, prima faice, noticed that earlier on 19.3.2012 the prayer of similar nature with some other measurement of the land was rejected and thereafter the plaintiff once again preferred the application by changing the direction and the total measurement, when the defendant had disputed in no uncertain terms about the claim of the petition. The above order of the trial Court cannot be said to be without any jurisdiction or suffer from any error of law.
3. No case is made out to exercise powers under Article 227 of the Constitution of India. Petition is rejected.
[ANANT S. DAVE, J.] //smita// Top