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However, when the case was at the stage of recording of the evidence of the defendant, an application under Order 6 Rule 17 read with Section 151 CPC, for seeking amendment of written statement was filed. It was stated that Rect. No.72, Killa No.11/1 is bifurcated from Killa No.11, by virtue of mutation No.1408 and similarly, Killa No.12 was also bifurcated in Killa No.12/1, 12/2 and 12/3. Also, it is averred that description of the sides are fully detailed in Parat Sarkar of mutation No.1408. Now, in the end of the paragraph of the written statement, the proposed amendment intended to be inserted, is as follows:-

The killa no.11/1 is the part and parcel of the killa no.11 as the killa no.11 has been bifurcated in three parts i.e. killa no.11/1, 11/2 and 11/3, which is fully shown on the mutation no.1408, in which all the sides have been shown. The area of the killa 2024:PHHC:008875 no.11/1 is shown as 0K-10M illegally and wrongfully. Although, the area of the killa no.11/1 comes to 0K-7M if calculates the sides of the Tatima shown on mutation no.1408 parat sarkar. Similarly, the tatima of killa no.12 into killa no.12/1, 12/2, 12/3 help to calculate the measurement of killa no.11/1, 11/2 and 11/3. The demarcation at the spot will be conducted as per the field book, Akash Shijra and as per the tatima, which are carved out on the mutation".