IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8803 of 2011 MAJEBUL & ORS . Versus KHALILUR RAHMAN & ANR . ----------- 04. 17.05.2011 By means of this writ petition the petitioner has challenged the order dated 11.12.2007 passed by the Addl. District Judge, F.T.C. No. V, Kishanganj in Title Appeal No.20 of 2005 rejecting the application of the petitioner to amend the plaint on account of an order being passed under Section 48D of the Bihar Tenancy Act in favour of the appellants who was not defendant in the suit but stepping in the proceeding on account of the order passed under Section 48D on the basis of “Kabuliat Deed”. It has to be held to be fake in the suit/Decree filed by the petitioner/plaintiff. The order passed under Section 48D of the Bihar Tenancy Act is appealable under Clause (b) of Rule-1A of the Rules notified on 26.02.1971. Since no notice was given to him, he had no knowledge about the order passed under Section 48D in favour of the appellant. On coming to know, on a misconceived advice he moved an application for amendment in the 2 suit. Since the application was misconceived inasmuch as in place of amendment, an appeal should have been filed under Rule-1A, the application has rightly been rejected. Therefore, no fault can be found with the impugned order. However, petitioner is permitted to file appeal within thirty days from the date of receipt/production of a certified copy of this order and the appellate authority under the rule shall decide the appeal on merits taking into account the evidence recorded by the trial-court in the suit. It is also open for the petitioner to move an application before the appellate Court that the appeal at the behest of the appellant is not maintainable. The writ petition is disposed of. Mkr. ( Prakash Chandra Verma, J. )