MOHAMMAD SALIM KHAN Vs. JASPAL SINGH CHANDAK

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against a common order being No.149 dated 10th September, 2009 by which two different applications filed by the plaintiff were rejected by the learned Trial Judge on contest. In one of such applications, the plaintiff prayed for amendment of his plaint. In the other application the plaintiff prayed for addition of the legal heirs and legal representatives of proforma defendant no.4 against whom the suit abated as will appear from the order recording abatement on 25.2.2005. The plaintiff is aggrieved by the said order. Hence, the instant application has been filed before this Court by the plaintiff/petitioner.

(2.) Heard Mr. Das, learned Senior Counsel appearing for the petitioner and Mr. Chakroborty, learned Counsel appearing for the opposite party. Considered the materials on record including the order impugned.

(3.) Let me now consider as to how far the learned Trial Judge was justified in rejecting the petitioners said application in the facts of the instant case. Re: Plaintiffs application for amendment of plaint. On perusal of the impugned order, this Court finds that this part of the impugned order is absolutely a non-speaking order. Though the learned Trial Judge recorded the submissions of the respective parties with regard to the merit of the plaintiffs application for amendment of plaint, but not a single sentence has been spent by the learned Trial Judge to discuss the merit of the plaintiffs said application. After recording the submissions of the parties and the decisions cited at the Bar, the learned Trial Judge abruptly came to the conclusion that the application deserves dismissal.