LAWS(CAL)-2011-4-116

NIRANJAN BAR Vs. NIRMAL BAR AND ANR.

Decided On April 05, 2011
Niranjan Bar Appellant
V/S
Nirmal Bar And Anr. Respondents

JUDGEMENT

(1.) This application is at the instance of the Defendants and is directed against the order No. 42 dated December 15, 2009 passed by the learned Civil Judge (Junior Division), 2nd Court, Basirhat in Title Suit No. 76 of 2004.

(2.) The Plaintiff / opposite party herein instituted a suit against the Defendants praying for a decree or confirmation of title, permanent injunction and other reliefs before the learned Civil Judge (Junior Division), Basirhat. In that suit, the Defendant / Petitioner herein is contesting by filing a written statement. The issues have been framed. The Plaintiff's evidence had been closed and the suit was at the stage of recording evidence on behalf of the Defendant. At that state, the Plaintiff filed an application for amendment of the plaint. That application for amendment of the plaint was allowed by the learned Trial Judge holding that the proposed amendment is necessary for the disposal of the suit and that if allowed, it will not change the nature and character of the suit. So, the application for amendment of the plaint was allowed on payment of costs of Rs. 1,000/ - to the Defendant. Being aggrieved, by such order, the Defendant has come up with this application.

(3.) Now, the question is whether the impugned order should be sustained.