Petitioners are defendants in a suit for declaration of title and possession. The petitioners approached this Court aggrieved by allowing an amendment application filed by the plaintiff.
2. By the amendment, the plaintiff sought to change the survey number of the plaint schedule property. According to the plaintiff, there were certain mistakes in describing the survey number in title deeds of the parties and therefore, amendment has to be carried out to show the correct number. Essentially, it appears that there is certain dispute regarding identity of the property. By the amendment, no right could be accrued to the petitioners unless the petitioners establish the right in respect of the property by adducing evidence.
3. The petitioners are free to raise all objections based on the amendment by filing additional written statement. I do not find any prejudice has been caused to the petitioners or character of the suit has been changed. There is no infirmity with the order. O.P.(C) No.2114 of 2015 2
No doubt, if the amendment is beyond the scope and power of the court, necessarily, the petitioners are at liberty to challenge the impugned order along with the decree and judgment if otherwise the petitioners are aggrieved.
With that liberty, the original petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln