PRAKASH CHANDRA PRADHAN Vs. SHYAMA PADA MAITY

JUDGEMENT

(1.) This revisional application is directed against an order no. 71 dated March 28, 2007 passed by the Civil Judge (Senior Division) Tamluk, District ? Purba Medinipur in Title Suit No. 81 of 1997. The opposite parties filed the said suit against the petitioners seeking for partition and a decree for permanent injunction. Such suit is contested by the petitioners by filing the written statement. The opposite parties thereafter took out an application for amendment of the plaint, seeking to incorporate certain facts which are necessary for proper and effective adjudication of the dispute involved in the said suit. The said application for amendment was contested by the petitioner on the ground that the same is barred by limitation and a new and inconsistent case is made out.

(2.) The said application was dismissed on June 15, 2006. The opposite party thereafter filed an application under section 151 of the Code of Civil Procedure for recalling the said order dated June 15, 2006 for reconsideration of the said application for amendment afresh. The said application was eventually allowed. By an impugned order the trial court allowed the said application for amendment holding that by the proposed amendment the share as claimed would not be changed and in order to adjudicate the dispute in a proper and effective manner such amendment is necessary.

(3.) The learned Advocate appearing for the petitioner assailed the said order only on the ground that there is an admission on the part of the opposite parties in the plaint which is sought to be withdrawn by the proposed amendment. It is further contended that such an amendment is not permissible which has an impact of withdrawal of an admission.