CRP 233/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Dutta, learned counsel for the petitioner and Ms. Senapati, learned co unsel appearing for the respondents. The petitioner, who is the plaintiff in Title Suit No.57/2008, has filed this pr esent application challenging the order dated 17th March, 2011 passed by the lea rned Munsiff No.2, Silchar at Cachar in Misc. Case No.34/2010 rejecting the pray er for amendment. The petitioner claiming 1/4th of the suit property measuring 10 Chataks filed th e suit praying for declaration of right, title and interest in respect of the sa id share and also for recovery of khas-possession contending inter-alia that the plaintiff and the predecessor-in-interest of the defendant Nos.2 and 3 jointly purchased the said property and though the plaintiff is entitled to the 1/4th sh are, he has been deprived from the enjoyment of the said share. The said suit h as been contested by the defendants by filing written statement contending inter -alia that by virtue of the family arrangement, the property fell into the share of the defendants and they are doing business over the said plot of land by con structing houses thereon. The plaintiffs/petitioners thereafter filed the application under Order 6 Rule 1 7 CPC read with Section 151 CPC seeking amendment of the pleadings in the follow ing manner:- 1) In para (a) of prayer of the plaint in 2nd line after the word ’suit lan d’ and before the word ’described’ an area of 2 Chataks 10 Gondas of land and th e two storied Assam Type house is to be added. 2) After para (a) of the prayer portion the following prayers are to be added: a)(i) for preliminary decree for partition of the land together with houses stan ding thereon in respect of the plaintiff’s share over the property mentioned in the schedule of the plaint. a)(ii) for appointment of an Amin Commissioner for preparation of Shaham/ allotm ent of the share of the plaintiff on the basis of the preliminary decree. a)(iii) for passing a final decree on confirming the shahum/allotment so prepare d. 3) In the schedule of the plaint after the word R.S. Periodic Patta No.420, Dag No.3595/4052 and before the word appertaining to the word and the two stor ed Assam Type House standing thereon is to be added. The learned Court below vide order dated 17th March, 2011 though has allowed the prayer made at serial Nos.1 and 3 above, the prayer made in serial No.2 has bee n refused on the ground that if the said prayer is allowed then the nature and c haracter of the suit would be changed. Perusal of the averments made in the plaint as well as the written statements fi led reveal that the plaintiff claimed 1/4th share of 10 Gondas of land on the pl ea that the plaintiff and the predecessor-in-interest of the defendant Nos.1 and 3 jointly purchased the land. The prayer for partition, however, was not made in the suit for which the prayer for passing a preliminary decree for partition was required to be made by way of amendment. Keeping in view the contention of the plaintiff in the plaint claiming 1/4th share, in the event the amendment, as prayed for passing of a preliminary decree for partition is allowed, it would n ot change the nature and character of the suit, as for declaration of right, tit le and interest over the …th share of the suit property, the share of the plaint iff is to be ascertained and the preliminary decree for partition is to be passe d. This will also avoid the multicity of the proceeding. That being the position, the order dated 17th March, 2011 is set aside. The pray er made for amendment of the prayer portion of the plaint as contained in serial No.2 above is allowed, however, on payment of cost of Rs.5,000/- (Rupees Five T housand) to be deposited by the petitioner before the learned Courts below on th e next date fixed, which shall be release in favour of the defendants. The parties are directed to appear before the learned Court below on 4th January , 2012 for taking necessary order from the said Court. The revision petition is allowed as indicated above. No costs.