CHANDRA SEKHAR OJHA Vs. BIJAY KUMAR OJHA

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the order no.48 dated October November 10, 08 passed by the learned Civil Judge (Senior Division) at Asansol in Title Suit No.15 of 2006 thereby rejecting an application for amendment of the plaint.

(2.) The short fact of the case is that the plaintiff instituted the suit for partition and permanent injunction against the defendants/opposite parties in respect of several properties as mentioned in the schedule of the plaint. He has contended that the suit properties are joint properties and the same have not been partitioned by metes and bounds and as such, he is facing difficulties in peaceful enjoyment of his share of the suit properties. So, he has filed the suit for partition and permanent injunction.

(3.) In that suit, the defendants/opposite parties filed a joint written statement and they are contesting the said suit. The issues have been framed on the basis of the pleadings of both the parties. Thereafter, the suit was at the stage of peremptory hearing. The P.W.1 was examined and cross-examined. At that time, the plaintiff/petitioner herein filed an application for amendment of the plaint contending, inter alia, that the schedule c property as mentioned in the plaint was not partiable and so he wanted to delete the schedule c property from the plaint. That application was rejected by the order impugned. Being aggrieved, he has filed this application.