MOHAMMAD HABEEBUR RAHMAN Vs. SHARIFA BEGUM

JUDGEMENT

(1.) CRP 100 of 1985 is against the order framing the additional issues in IA 341 of 1983. CRP 105 of 1985 is against the order in IA 340 of 1983 permitting the amendment of the written statement in IA 340 of 1983. CRP. 106 of 1985 is against he permission to adduce additional evidence in IA 218 of 1983 and CRP 107 of 1985 is against the order appointing commissioner in JA 217 of 1983.

(2.) During the pendency of the appeal, the petitions were filed by the defendant for amendment of written statement on the ground that identification of the land is necessary in view of ambiguity with regard to survey number. Considering that the amendment sought for is for facilitating the proper identification of the land the lower appellate Court permitted the amendment of written statement as a consequence of which the framing of additional issue is permitted. The additional evidence is also permitted to be adduced by two sale deeds and the commissioner is also appointed. Aggrieved by these orders, the plaintiff filed these revision petitions.

(3.) The learned counsel for the petitioner contends that the appropriate decision for consideration of all these aspects is when the appeal is taken up for hearing and the lower appellate Court is seized of the merits of the appeal. The learned counsel for the respondent, seeking to sustain the order contended that during the pendency of the appeal it is competent for the Court to consider all these aspects.