ORDER The petition has been filled against the order dated 18.8.1997 passed in T.S. No.6/93 whereby the petition filed by the plaintiff for amendment of the plaint has been rejected. The suit was filed for declaration of title and removal of encroachment. Initially stand of the plaintiff was that portion of the land in dispute has been encroached upon by the defendant. By the proposed amendment plaintiff tried to say that defendant has encroached upon remaining portion of the land. The court below rejected the amendment petition on the ground that witness of the plaintiff did not disclose in their evidence that remaining portion of the suit land was encroached upon by the defendant. The ground for rejection of amendment petition appears to be not tenable at all. It is not necessary for the witness to say before amendment that remaining portion of the land in question has also been encroached upon. Learned counsel for opposite party pointed out that two times earlier also the plaint was amended and as such the proposed amendment has rightly been rejected by the court below as it will change the nature of the suit. It is pertinent to mention herein that addition and substraction of area or exemption with regard to dispute would never change the nature of the suit. Besides, the court below has rejected the petition for amendment on the ground which is not at all tenable in law. Accordingly, this application is allowed. The order impugned is hereby set aside. Application Allowed.