IDRIS ALI MOLLA Vs. ESRAFIL MOLLA

JUDGEMENT

(1.) This application is at the instance of the plaintiffs and is directed against the order no.59 dated October 25, 2005 passed by the learned Civil Judge (Junior Division), Third Court, Diamond Harbour in Title Suit No.8 of 1999 thereby rejecting an application for amendment of the plaint.

(2.) The short fact is that the plaintiffs instituted a title suit being Title Suit No.8 of 1999 for declaration of their right, title and interest in the suit property, as mentioned in the schedule of the plaint and for permanent injunction. The defendants/opposite parties are contesting the said suit and the 2 said suit is at the state of trial. The evidence on behalf of the plaintiffs has been completed. At that time, the plaintiffs filed an application for amendment of the plaint. That application for amendment of the plaint was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) Now the point for consideration is whether the impugned order should be sustained.