ADHIR PAUL Vs. BECHARAM PACHAL

JUDGEMENT

(1.) These two applications are directed against the orders dated January 17, 2008 passed by the learned Civil Judge (Junior Division), Howrah in both the Title Suit No.143 of 2005 and the Title Suit No.217 of 2005 thereby allowing the amendment of plaint and the written statement respectively under Order 6 Rule 17 of the Code of Civil Procedure on contest with costs of Rs.150/-.

(2.) Since the same question of law is involved in the two matters, the two applications are disposed of by this common judgment. C.O. No. 1237 of 2008 To appreciate the matter, I am discussing the fact of this case.

(3.) The plaintiffs /opposite parties instituted a title suit being the T. S. No.143 of 2005 before the learned Civil Judge (Junior Division), First Court, Howrah for declaration, confirmation of possession and also for declaration that a sale deed dated July 2, 2004, as described in schedule 'C' to the plaint, is illegal and void and for other reliefs. In that suit, the defendant nos.5 to 8 contested the suit by filing a joint written statement denying all the material allegations. The plaintiffs claimed the suit property on the basis of purchase. Subsequently, by the proposed amendment, they intended to incorporate certain facts of acquisition of title by adverse possession in respect of 'A' schedule property by the sons and daughters of Nikunja Behari Paul by his second wife Nalinibala.