JUDGMENT R.K. Dhusiya, Member. - This reference has been made by the learned Additional Commissioner, Gorakhpur Division, Gorakhpur by his order dated 11.1.1989 by which he has recommended to allow the revision and set aside the order dated 5.6.1987 of the trial court by which it has rejected the amendment application. 2. Heard the learned counsel for the revisionist and seen the relevant papers on the file. Objection has been filed against the said recommendation order. 3. Briefly stated the facts of the case are that Ram Bilas and others filed a suit under Section 176 Z.A.and L.R. Act against Ramji and others. On 20.7.1985 Ram Bilas the revisionist, moved an application for amendment in the plaint. The opposite-party filed objection and the trial court after hearing the parties rejected the amendment application of the revisionist on 5.6.1987. Aggrieved by that order a revision was filed before the learned Additional Commissioner who by his recommendation order recommended to allow the application for amendment. Hence, the instant revision/reference has come up before me. 4. In the objection it is mainly stated that the amendment application was moved at a very late stage and if the application is allowed, the nature of the case will be changed as such, the amendment application should not be allowed. 5. From the perusal of file it is evident that the learned Additional Commissioner committed no illegality in allowing the amendment application because by the amendment the nature of the cause would not be changed. Further I find force in the argument put forward by the learned counsel for the objector that it was filed at a very late stage. But, in the instant case oral evidence has not been made and solely on this ground a party should not be debarred from his right. Hence, the objection of the opposite-party is not liable to be accepted. The learned Additional Commissioner has committed no illegality, or error apparent on the face of it. Therefore, the recommendation made by him is liable to be accepted. 6. In view of the above, I allow the revision, set aside the order dated 5.6.1987 of the trial court. The file be sent back to the courts below as early as possible.