SUBODH CHANDRA BHOWMIK Vs. NIRODE BHOWMIK

JUDGEMENT

(1.) Heard Mr. N. Das, learned counsel appearing for the petitioner as well as Mr. S. Chakraborty, learned legal aid counsel appearing for the respondent, who despite the notice from this Court, has preferred not to participate in the proceeding but for ends of justice, by the order dated 16.07.2010, Mr. Chakraborty, learned legal aid counsel has been engaged for presenting the case of the respondent based on the records.

(2.) This is a petition filed under Article 227 of the Constitution of India challenging the order dated 10.02.2009 passed in Civil Misc. No.11 of 2009 arisen from Title Suit No.08 2008, whereby the prayer for amendment was partly allowed. The prayer by way of amendment for adding one Bela Rani Deb, wife of Upendra Chandra Deb of Bagan Bazar, P.S. Kalyanpur, District Khowai, Tripura has been rejected observing that no reason has been assigned showing the necessity of adding the said person as the proforma defendant.

(3.) Mr. N. Das, learned counsel appearing for the petitioner has submitted that against the said order, the petitioner had filed one petition under Order XLVII Rule 1 read with Section 114 of the C.P.C. for review of the said order dated 10.02.2009. However, by the said order dated 16.04.2009 the review petition was dismissed holding that there was no error or mistake on the face of the record nor was there discovery of any new and important fact on the part of the petitioner.